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POLITICAL THOUGHT: MEN AND IDEAS
)fc
Westminster, Maryland
MEN AND
IDEA
BY JOHN
A.
ABBO
The Catholic University of America
THE
NEWMAN
PRESS
I960
Chapter 25, "The Fabians," was contributed by Anne Fremantle of Fordham
University; Chapter 27, "Italian Fascism," by Giuseppe Prezzolini of Columbia University; Chapter 28, "American Political Thought," by Milton
Conover of Seton Hall University.
Nihil obstat:
Edward A. Cerny,
S.S.,
S.T.D.
Censor Librorum
Imprimatur: Francis P. Keough, D.D.
Archbishop of Baltimore
October 2, 1959
and imprimatur are official declarations that a book or
moral error. No implication is contained
therein that those who have granted the nihil obstat and imprimatur agree
The
nihil obstat
pamphlet
is
free of doctrinal or
with the opinions expressed.
Copyright
1960 by
The Newman Press
Library of Congress Catalog Card
Number: 59-14754
Printed in the United States of America
Preface
THIS volume attempts to present, through a survey of the great
books from antiquity to the present day, the essential
development of Western political thought.
political
landmarks
in the
Political
its
aims,
its
books are
all
organization,
as individuals
those that deal with the state:
its
power,
its limits, its
and with other groups and
its
origin,
relations with
men
societies, including the
family and the Church.
Of
course, not
all
the significant political books that have been
was the present
written are here discussed. It
writer's intent to
analyze only the select few political works that might be termed
"great"
an extraordinary imprint on
by contributing notably to the making of the Western
in the sense that they left
history either
mind and
state or
by
or issues at the right
articulating
moment
way. The term "great" in
this
contemporary
ideas, feelings,
in a faithful, fitting, yet personal
context
is
not necessarily indicative
of either a positive judgment or intrinsic greatness. In fact,
some
"great" books will be found wanting in soundness and truth, so
much so that the writer feels it his duty to warn that several of
them have been placed on the Index of Forbidden Books (e.g.,
Hobbes' Leviathan, Montesquieu's The Spirit of the Laws, Rousseau's Social Contract). Other works (Marx's and Lenin's, for
example), while not specifically on the Index, are nonetheless condemned by the Church and must be approached with caution by
all concerned, especially by the young and immature reader.
Preface
vi]
While attempting to provide a summary of the most important
expounded in the great political books, the present writer
theories
them
also attempts to appraise
in the light of traditional Christian
is here and there advanced as the occasion warrants. An Appendix, furthermore, offers
in clear, short articles the most important Catholic principles of
politics. Against these principles the reader is invited to check and
thinking. Accordingly, constructive criticism
test for himself
whatever he finds erroneous, obscure, or ambigu-
ous in the works of the philosophers discussed.
The marked
on biographical details is not without its
knowledge of the life and times of an author
undoubtedly makes for a better understanding of his work and
purpose.
insistence
certain
thought.
Although the writer
is
concerned primarily with highlighting
great political figures, books,
and movements,
this
volume
is
not
without a chain of continuity. Taken together, the introductory
chapters to each epoch
precisely chapters 1, 5, 7, 12, 16
trace
a continuous line in the history of political thought through the
centuries.
Making spare but
on the subject matter
titles,
select use of the vast
and rich bibliographies
in the English language, the writer includes
both in footnotes and at the end of each chapter, for further
marked with an asterisk are paperand when they are reprints, data concerning their
original hardbound edition are given in parentheses.
Political Thought: Men and Ideas is intended as an introduction to the study of the evolution and growth of the principal issues
in the history of political philosophy, and as such it should prove
especially valuable in the colleges and universities. It is hoped,
however, that all adult readers in any way interested in the fasciconsultation and study. Titles
bound
editions;
nating subject of politics will find
it
useful.
The volume is, in essence, an outgrowth of lectures given over
a happy decade (1947-1958) at Seton Hall University, South
Orange, New Jersey. The author is very pleased to dedicate it to
his
former students and associates there.
JOHN
The Catholic
University of
Washington, D. C.
America
A.
ABBO
A cknowledgments
THE
author and The
Newman
Press wish to thank the follow-
ing publishers for their kind permission to reprint quotations
from the
titles listed
below. All possible care has been taken to
trace the ownership of every quotation included in the text
and to
acknowledgment for its use. If any errors have accidenoccurred, they will be corrected in subsequent editions.
make
tally
full
George Allen & Unwin, Ltd., London, for A History of British Socialism, by Max Beer, and for The History of the Fabian Society, by
E. R. Pease.
Apple ton-Century-Crofts, Inc., New York, for The Statesman's Book
of John of Salisbury, translated by John Dickinson. Copyright,
1927, by Alfred A. Knopf, Inc.; copyright, 1955, by Lindsay
Rogers. Reprinted by permission of the publishers, Appleton-Century-Crofts, Inc.
The Catholic Worker, New York, for the article by Ammon Hennacy
which appeared in the January, 1 959, issue of that newspaper.
Press, New York, for Marsilius of Padua:
Defender of Peace, by Alan Gewirth.
The Columbia University
New York, for A Short History of PhilosoThonnard, translated by Edward A. Maziarz.
Desclee Company, Inc.,
phy, by F.
J.
Gerald Duckworth
tarians,
by
& Company,
Leslie Stephen.
Ltd.,
London, for The English
Utili-
Acknowledgments
viii]
New York, for Utilitarianism: On
Government, by John Stuart Mill
(Everyman's Library) and Leviathan, by Thomas Hobbes (Everyman's Library).
E. P. Dutton
& Company,
Inc.,
Liberty and Representative
;
The Fabian
Society,
London, for Fabian Essays (1948).
Fathers of the Church, Inc., for The Confessions, by
St. Augustine,
Bourke; and for The City of God, by St.
Augustine, translated by D. B. Zema, G. G. Walsh, and others.
translated
by V.
J.
Fordham Law Review,
the City of
for "The Graeco-Roman Politeia
Men," and "The Catholic Politeia II," by J. F. Costanzo, which
appeared in the June, 1951, and December, 1952, issues of that
journal.
Harvard University
Press, Cambridge, Massachusetts, for Cicero: Laws,
Republic (including Somnium Scipionis), translated by Clinton
Walker Keyes (Loeb Classical Library).
Henry Holt & Company,
Thought, by
J.
Inc., for
Main Currents
in
Modern
Political
H. Hallowell.
International Federation of Catholic
Alumnae, for "The Constitution
of the United States," by Miriam T. Rooney, which appeared in
The Catholic Alumnae Quarterly.
International Publishers,
New
York, for State and Revolution, by V.
I.
Lenin.
The
by the School of Canon Law at The Catholic
for "The Relationship Between
Church and State," by Francis J. Connell, C.SS.R., which ap-
Jurist (published
University, Washington, D. C.)
peared in the October, 1953, issue of that journal.
Lawrence & Wishart, Ltd., London, for The Collected Works of Lenin,
and for Karl Marx: Selected Works.
The
Liberal Arts Press, Inc.,
New
(De Monarchia) by Dante,
,
The Macmillan Company,
tics,
by F.
J.
New
New
York, for Catholic Principles of PoliJ. A. Ryan, and for The Growth
the West, by Charles H. Mcllwain.
Boland, C.S.C., and
of Political Thought in
The
York, for On World Government
by H. W. Schneider.
translated
American Library, New York, for Great Dialogues of
by W. H. D. Rouse.
Plato,
translated
State University Press, Columbus, Ohio, for De Republica,
by Cicero, translated by G. H. Sabine and S. B. Smith.
The Ohio
The Oxford University Press, London, for The Utilitarians from
Bentham to Mill, by W. L. Davidson (The Home University
Library)
Acknowledgments
[ix
The Oxford University Press, New York, for Political Thought in England from Herbert Spencer to the Present Day, by Sir Ernest
Barker; The Basic Works of Aristotle, edited by Richard McKeon;
The Philosophy of History, by G. W. F. Hegel, and The Philosophy of Right, by G. W. F. Hegel; The Social Contract, by JeanJacques Rousseau, translated by G. Hopkins.
The Philosophical Library,
The
New
York, for Medieval Philosophy, by
Frederick Copleston,
S.J.
Pontifical Institute of
Mediaeval Studies, Toronto, Canada, for De
St. Thomas Aquinas, translated by Gerald
regimine principum, by
B. Phelan.
The
New York, for the text of the speech by Robert
which appeared in the September 20, 1958, issue
Tablet, Brooklyn,
J.
Gannon,
S.J.,
of that newspaper.
Theological Studies, Woodstock, Maryland, for "St. Robert Bellarmine
on the Indirect Power," and "The Problem of State Religion," by
John Courtney Murray, S.J., which appeared in the December,
1948, and June, 1951, issues of that journal.
Contents
Preface
Acknowledgments
vii
part one: Ancient Greece and Rome
I.
Introductory
Homer, Hesiod, Solon, Herodotus
Pythagoreans, SophistsSocratesPlato and ArisPolybius, Livy, Tacitus
The EpicureansThe
Greeks and Romans
Heraclitus,
totle
Stoics
Roman Law
II.
Plato
19
Writings The RepublicThe
LawsUnity of
Thought
Life
Political
The
Politicus
Plato's
III.
Aristotle
31
General Philosophy
WritingsThe
The
Friendship, Good
End, Nature
WillThe CitizenThe Constitution
of ConThe Best Actual Revolutions: How Avoid
ThemThe Ideal
Plato and
Life
Politics
Political
State:
Origin,
Justice,
Classification
stitutions
to
State
State
Aristotle
Contents
xii]
IV. Cicero
50
WritingsThe
An Intermediate AssociationThe
The Roman
The Princeps
Sovereignty of Law
Life
State: Definition
Political
Aim
State:
State
tion
and Origin
and Constitu-
The
Rei Publicae
Stoic Influences
part two:
Christ
and
Christianity
V. Introductory
63
Basic Teachings of Christianity
Christianity and the
State
Early Christian Writers
VI. St.
Augustine
70
The
The
The Two
and
and Peace
Authority
The
A Consequence of Sin?Unity of MankindChurch and
Life
The
State
City of
God
State
Justice
State
Cities
Political
State
part three: The Middle Ages
VII.
Introductory
The Middle Ages
VIII.
The Great ControversyWriters Engaged
Christian
Ages
85
The Early Middle Ages Classic Factors
Factors Germanic Factors The Late Middle
in the
Debate
John of Salisbury
103
The
The CommonwealthThe LawThe
PrinceTyranny and Tyrannicide Church and
Life
Policraticus
State
IX. St.
Thomas Aquinas
The Greatest of
111
The Philosopher
The Theologian: The Summa
Writings
The Two EndsSecond
The Nature of
LawOrigin of the
End of
Authority the
the
and Functions of Government Church and
RelationsInternational Law
Life
the
Church Doctors
First
Political
Principle:
Principle:
State
in
State
State
State
X. Dante
126
Monorchia Characteristics of the World Empire Uncompromising Attitude Benedict XV on Dante Dante, a
Life
Modern Man
Contents
[xiii
XI. Marsilius of
Life
Padua
135
The Defensor PadsPeaceGovernmentLawThe
The Church
People
part four: From Medieval
XII.
to
Modern Times
Introductory
147
AbsolutismMachiavelliLuther
CalvinBodin and HobbesJames and BossuetThe Monarchomacs Erasmus and More The Anabaptists
Suarez,
mine Bellarmine Reappraised Suarez
A
Period of Transition
Bellar-
Vitoria,
Grotius
XIII.
Machiavelli
172
Why The PrinceMachiavelli's Way
Machiavelli's TechniquesFox and Lion The Prince and
The DiscoursesAn Appraisal
Life
Political Writings
XIV. Bodin
187
The PolitiquesThe RepubliqueOrigin of the
SovereigntyMonarchy
Life
State
XV. Hobbes
Life
195
of NatureThe
The LeviathanThe
The SovereignThree Remarks
State
Social
Con-
tract
part five:
Modem
Times
XVI. Introductory
205
tarianism Idealism Positivism SocialismCommunism
Syndicalism Democratic Socialism The Fabian Society
Anarchism Totalitarianism National Socialism Christian
The Fight Against Absolutism The Democratic Revolution
The Conservative Reaction The Liberal Reaction Utili-
Democracy
XVII. Locke
237
Life
General Philosophy Political Writings The State of
Nature The State Origin and Purpose The Community and
Political
Despotic
Power
Power
Locke's Inconsistency
XVIII. Montesquieu
Life
of Governments
246
An Appraisal
The Theory of Laws The Theory
The Theory of Political Liberty The No-
L'Esprit des Lois
tion of the General Spirit
Contents
xiv]
XIX. Rousseau
258
PactThe General Will
The
SovereigntyThe LawThe GovernmentReligion
Life
Political Writings
Social
XX. Burke
Life
271
Dual Basis of Burke's DoctrineBurke and the French
The Example of EnglandBurke's Conservatism
Revolution
XXI. Bentham
283
Ethical
Theory Political Theory The State
and Legislation Government Political Economy
Life
Laws
XXII. Hegel
295
General
Life
State
and
Evolution
Its
The
Concept of Freedom
The State First and Foremost
Philosophy
GovernmentPantheism,
Struggle Between States
ism,
The
The
Rational-
Monism
XXIII. Tocqueville
306
A View of History Democracy
Democracy Democracy
Be
Life
of
in
If
Freedom and
Is
to
Dangers
Safe Man's
America
Made
Responsibility
XXIV. Marx
320
Materialism
Materialism Historical MateThe Class StruggleThe Five Ages of Human HistorySurplus Value Private Property and the Bourgeois
The Social RevolutionThe Communist PartyThe
Dictatorship of the
The New SocietyMarxism
and ChristianityMarxism and Reason
Life
Dialectical
rialism
State
Proletariat
XXV. The
nomics
336
Fabians
The Fabian
Fabian
Society
Fabian Landmarks
Political
Theory
Fabian
Eco-
XXVI. Lenin
Life
349
Theory
and Action
LeninismImperialism
The
Proletarian Revolution
and the
Dictatorship of the Proletariat
XXVII. Italian Fascism
369
and NationalistsThe
Maurras, Kipling, Pareto, Mosca Croce
and Sorel GentileThe Fascist DoctrineCorporativism
In Search of a Philosophy
Antiliberal
Root
Fascists
Contents
[xv
part
six:
American
Political
Thought
XXVIII. American Political Thought
387
The Sources The Colonial Period The Revolutionary Period
The Constitutional Period: 1789 and After The Constitution and Natural Law
The Contract Theory of Government
The Theory of Federal Sovereignty Minor Political Parties
Appendix: Catholic Principles of Politics
Constituent Elements of the State
The
427
Natural Foundation
of Authority The Purpose of Authority in the State The
Free Activity of the Governed Nationalization of Industries
Capitalism, Communism, and SocialismInternational Life
General Bibliography
439
Index
441
part one: Ancient
Greece
and Rome
chapter
Introductory
GREEKS AND ROMANS
THE
European
original
Greeks were a nomadic, pastoral people of IndoFrom about 2000 to 1100 B.C., they left the
origin.
grasslands of southeastern Europe, pushed southward in succes-
bands (Achaeans, Dorians, Ionians, Aeolians), and con-
sive
quered the Aegean world: the Greek peninsula, the shores of Asia
Minor and southern Europe, and the immortal islands whose very
names are music. Gradually, through intermarriage, the primitive
Greeks and the Aegeans became one people the new Greeks.
Having adopted a city-state type of government, they were first
ruled by kings; eventually the kings were for the most part re-
placed by nobles; then the nobles were overthrown and tyrants,
men
of
no royal ancestry, seized
control.
But the
restless
and
free-
dom-loving Greeks soon turned against the tyrants, even the good
and the able ones, and established a new form of government: the
rule of the people (not, however, a democracy in the modern
sense). 1 Unfortunately, the Greeks could not unite. Their indi1
"The Greeks had the form of democracy
that
is
to say, the people
work of government. Their assembly
sovereign body, from which there was no further reference;
were also courts of final reference, from which there was
undertook
the
constituted
the
their Dikasteria
likewise
no ap-
peal whatever. But they did not have the substance of sound democracy.
There was no protection for the minority, much
less
for the individual.
I.
4]
Ancient Greece and
Rome
vidualism was so strong as to keep them apart save in the face of
extreme danger. Thus, they repulsed the Persian invaders at Marathon (490 B.C.), Salamis (480 B.C.), and Plataea (479 B.C.) only
resume their fratricidal quarrels. Finally, weak and divided, they
were defeated by the Macedonians and lost their independence
(338 B.C.). In 281 B.C., Greece regained a precarious freedom.
Even this was definitively lost when she was degraded to the status
of a Roman province in 146 B.C.
The history of the Romans (originally a people of Indo-European extraction, who had come to Italy and fused with her
to
peoples) may be conveniently divided into three periods: (1)
From 753 to 509 B.C. The primitive religious, social, political,
Rome
were established under a constitutional elective monarchy. Tradition mentions seven kings.
The last, Tarquin, who had installed a despotic regime, was
exiled. (2) From 509 to 27 B.C. This was the period of the Republic. Patricians and plebeians were reconciled. Rome moved
out of Latium and conquered Italy. Then, as a result of victorious
wars outside Italy, Rome became mistress of the Mediterranean
world. But beginning with 133 B.C., Rome was torn by civil wars
and it gradually became evident that the old city-state republican
system was to give way to a new form of government. (3) From
27 B.C. to a.d. 476. During this period, the Empire was established and prospered under Octavian Augustus. It passed through
many violent crises and revolutions, was reorganized by Diocletian,
and then started to decline until it finally came to an end in the
West with the removal of the last emperor. It was just about at the
beginning of this last period, while the world was united under
the pax romana, that Christ was born in Bethlehem of Palestine.
and military
The
institutions of
and limiting the funcwere entirely unknown to them. There was no power or
law for making assemblies accountable for their decisions, nor was there
any process of review. ... To every man his own; but the meaning of the
term 'his own' was that the State which was the author of rights and duties
inalienable rights of an individual as defining
tions of the State
could assure the citizen of certain determined barriers against the arbitrary
dealings of his neighbor, but he had no rights against the State; which in
its
own
Politeia
131).
and
remained unchecked by any
"The Graeco-Roman
The City of Men," in Fordham Law Review, XX [June, 1951],
actions
consideration
in
its
of natural
definition of rights
rights"
(J.
F.
Costanzo,
Introductory
[5
I.
HOMER, HESIOD, SOLON, HERODOTUS
Ancient Greece, which gave the Western world philosophy
2
and so much else that pertains to man's cultural domain, also
denned and brought into sharp focus man's political problem.
This it often attempted to solve on both the practical and the
speculative level. One cannot fail to notice the contrast between
the heights to which Greek political thought soared and the
mediocrity of Greek political life in the concrete. It may well be
that the limitations and deficiencies of the historical polis provoked
discussion and investigation on the part of the philosophers and
spurred them to offer new plans and propose new solutions. In
any case, a study of Greek political thought must never lose sight
of the parallel study of Greek institutions, for in ancient Greece
speculative thinking and political reality were always closely
related and often interlocked as cause and effect.
The earliest evidences of Greek interest in ethical and political
matters appear in Homer, Hesiod, Solon, and Herodotus.
Homer (between the tenth and the eighth century B.C.) portrays
the primitive polis:
its
physical
make-up
(the
acropolis,
where king and government resided, and the surrounding territory
inhabited by the people); its social composition (aristocrats, professional men, laborers); its spiritual forces of cohesion (the
aristocrats' concept of honor and their heroic courage in war; the
king's power, sovereign yet limited by divine law and tempered by
the boule, or council of "aristoi").
Hesiod, in the eighth century B.C., broke away from Homer's
No admirer of aristocrats, he anticipated the
soon almost everywhere to replace monarchy with
oligarchic rule. His poems vividly contrast the arrogance and
grandiose morality.
social struggle
venality of the nobles with the solid virtues of the rural class.
They appeal
there
2
is
to the gods, they praise justice
peace and harmony), they exalt
(where there
human
is
justice
labor (work
is
But man's greatest debt, for the moral and religious concepts that
make up
his spiritual world,
is
to the Judaeo-Christian tradition.
From
it
he received two ideas (utterly unknown to the Greeks) that dwarf all
others, for they furnish the only key to reality: the idea of creation ex
nihilo and the idea of personality (both man's and God's).
form of
justice:
an
idle
man
Rome
Ancient Greece and
I.
6]
by
is
this
very fact unjust and harm-
ful to society).
Solon, the great Athenian lawgiver and one of the Seven
Sages of Greece, curbed the insolence of the wealthy and alleviated
the misery of the small landowners
warned
by
his fellow citizens of the only
What
conflicts.
reform (594 B.C.).
his
way
to
end
He
their fratricidal
divine planning did with the physical universe,
he said to them, law does with the
state:
one changed chaos into
cosmos, the other changes confusion and war into order and
peace.
invite
To break a law is to undermine the common good and to
punishment of some sort, sooner or later, upon both offender
and community.
Herodotus (480-425
B.C.),
a friend of Pericles, 3 wrote an
account of the Greco-Persian wars (500-479 B.C.). The
ascertain, through research, investigation,
and
of the events he recorded, he merited the
But he
pessimistically
to
reflection, the truth
title
viewed history as a
first
Father of History.
fatal,
ever-recurring
by divine nemesis: men are envied by the
gods who humble them whenever they think or rise too high. To
Herodotus we owe the first theory, or at least the first classifica-
cycle ruled implacably
tion, of constitutions.
Following the assassination of the usurper
Smerdis, three victorious conspirators
(among them Darius,
future king) discuss the best constitution for Persia.
One
the
favors
democracy, the other oligarchy, the third (Darius) monarchy.
Arguments are exchanged for and against each form. And thus
began the great controversy that has continued through the
centuries.
HERACLITUS, PYTHAGOREANS, SOPHISTS
Greek philosophers awakened
with the beginning of the
About 500
fifth
B.C., Heraclitus
mental principle of
politics
to social
and
political issues
century B.C.
proclaimed eternal
and
history:
strife
the funda-
"We must know
that
war
3 Pericles, born in 490 B.C., was the most prominent figure in Athens
from 461 to 431. A military leader, orator, and statesman, his name and
work are indissolubly bound to the Golden Age of Athens. He died in a
plague in 429 B.C. Thucydides, in his History of the Peloponnesian War
(II, 37-41), relates Pericles' famous funeral oration and his immortal
words in praise of Athenian democracy.
Introductory
[7
I.
to all and strife is justice, and that all things come
and pass away through strife." 4
The Pythagoreans 5 probed deeply into the concepts of law
and justice, the two elements that could, according to them, prevent or end public agitation and quarrels. For the Pythagoreans,
especially for Archytas of Tarentum (400-365 B.C.), law is
written (the law of the polis) and unwritten (the law implanted
by the Creator in man's conscience); justice consists in the equality of all (king included) before the law as well as in the com-
common
is
into being
munity of goods.
The
be
in
all
Sophists, 6 the true sophoi or wise
called, suited the
democratic
mood
men
as they wished to
of the time (particularly
Athens) by offering themselves as teachers (for payment) to
who sought distinction in public life. Ambitious young men,
desirous of entering the political arena, flocked to
how
to argue, discuss, persuade.
But
them
to learn
as a rule the Sophists
were
interested only in arguing for the sake of arguing, not caring
whether their point was true or false. Moreover, their "humanistic" boast, "man is the measure of all things," coupled with their
total skepticism "as to the place of
man
in the
scheme of things,"
conclusions. It had
was not at all conducive to clear and satisfying
to end in confusion and contradiction. In politics, they admitted
two directly opposite kinds of justice: justice according to nature
and justice according to law. The former justifies the fulfillment of
passion, the possession of every possible means of gratification,
war and conquest, the imposition of one's will, the elimination of
one's enemies, the subjection of the
not right,
it
consists,
the
is
weak
to the strong. Might,
the basis of this justice: might of whatever elements
might that acquires, expands, maintains power. This was
that would be proposed again centuries later for
justice
4
Quoted in John Burnet's Early Greek Philosophy, 4th ed. (London:
and Charles Black, 1930), p. 137.
5 The Pythagoreans, also adept at mathematics and geometry, were
followers of Pythagoras, the philosopher who about 530 B.C. went from
his native Samos to southern Italy and there founded a society or school
that promoted a "way of life": political, religious, philosophical.
6 Two prominent Sophists were Protagoras of Abdera (480-410 B.C.)
and Gorgias of Leontini in Sicily (who came to Athens in 427 and died in
Adam
375). The latter is known for his threefold assertion: What is, is not; if
anything is, it cannot be known; if anything is known, it cannot be expressed in speech.
I.
8]
Ancient Greece and
Rome
Machiavelli's prince and Nietzsche's superman. Justice according
to
law on the other hand was for the Sophist founded on the conweak and the fearful
ventional and arbitrary rules dictated by the
to restrain the strong
and the brave. The Sophist mentality was
and
decidedly antitraditional, impatient of crystallized systems
privileged conditions.
Opposed
in principle to the status quo,
it
represented an extreme position and had no respect whatsoever
for moral values. Absurdly predicated on the denial both of objective truth and of a reality beyond and above the world of
it was not however without its good effects.
opened critical discussion not only in the philosophical
realm (on such questions as the nature and validity of human
knowledge) but also in the political field. Here it prepared and
encouraged the break from institutions and laws that had become
obsolete and even detrimental.
sense-appearances,
For
it
SOCRATES
Socrates (469-399 B.C.), the first to "bring philosophy down
from the heavens to earth" (Cicero), attempted to determine the
essence of each thing, that is, what it is: and this by means of
inductive reasoning, through analysis and analogy (Xenophon);
he was also the first to raise the problem of universal definitions
(Aristotle).
Insisting
that
"the
soul
is
pregnant with truth,"
Socrates described his mission as "that of a midwife, to bring
other men's thoughts to birth." Against the Sophists, Socrates
upheld that
men can know
that truth, intellectual
things with truth and certainty, and
and moral, once discovered, must be ap-
plied to the practical, everyday problems of
collectively considered.
man
individually or
Socrates believed in both the unwritten
law (the natural law, which man comes to know through right
reasoning) and the positive law (the law of the state). Between
the two, he insisted, there ought not to be the slightest contradiction. For the positive law, while changing from place to place and
from time to time, is to be based on natural law, itself unchangeable. If the laws of the state depart from the rules of
nature, such laws are unreasonable and unjust and therefore not
binding on the citizens. Socrates entertained a high esteem for the
state and the role of political leaders. For him the purpose of
political activity was pre-eminently the intellectual and spiritual
Introductory
[9
I.
first aim, perhaps, was to create a
and to form a competent class of political
leaders able to impart knowledge to their subjects. Hence the
absolute necessity of education. What makes a statesman, he
formation of the individual. His
science of government
argued,
is
not hereditary right or the vote of a majority:
wisdom, and wisdom
As
it
is
comes of education.
a philosopher and as a man, Socrates remained loyal to
his central doctrines.
He
never tired of learning and helping others
to learn: a typical portrayal has
buttonholing
his
fellow
him standing
citizens,
asking
in the
market place,
"innocent"
questions,
challenging the broad statements in their "innocent" replies, in-
sound conclusion all for the purpose of clarifying
When he saw democracy degenerate into demagogy, Socrates opposed it; he showed his utter contempt for the
Athenian method of drawing lots for public offices ("You cannot make an architect this way," he was wont to remark; "how
can you thus create a statesman?"). Likewise, he condemned
tyranny and took a firm stand on other social and religious issues,
though his nonconformist attitude cost him the favor of the men
a
viting
muddled
thinking.
in power.
Condemned
believes"
city
"for not believing in the gods in which the
and for "corrupting" Athenian youth with his
teachings, Socrates refused the opportunity offered
punishment and drank the hemlock as a
behalf of honesty and truth. 7
capital
him
to escape
final protest in
PLATO AND ARISTOTLE
Socrates'
disciple
search for objective truth was continued by his
and friend
Plato.
marize Plato's doctrine.
It
It
is
impossible adequately to sum-
has been rightly said that Platonism,
rather than a system lending itself to a final characterization,
life
is
"a
that seeks itself in the search for truth": a skepsis, or quest,
that,
while reaching essential certainties and meridian illumina-
tions, unfailingly discovers
penetrate,
7
new summits
new problems
to solve,
to attain. If there
new zones
to
was one thing Plato
For a moving account of Socrates' last day in prison and his death,
Phaedo in Great Dialogues of Plato, translated by W. H. D. Rouse
(New York: Mentor Books, 1956), pp. 460-521. Socrates left no writings.
His doctrine is known especially from Xenophon's Memorabilia and Plato's
see the
dialogues.
10]
I.
Ancient Greece and
Rome
was a marked dislike for intellectual
smugness and complacency. For him as for his teacher, the search
could never end, for the field of knowledge is inexhaustible. As to
politics in particular, P lato aimed at translating the new con ^ptc of reality and man and life, into a complete reform through
learned from Socrates,
he redemption of
stirs
it
political
fe.
His attempt, of lasting
validity,
us to wonder even today. But his imaginative streak led him
to speculative flights so
wide and fancy as to carry him, accordits everyday problems.
ing to some, far from this world and
With
litical
Aristotle, Plato's disciple for
earth where
God, the thought that thinks
flies,
know how
belongs. Aristotle does
it
the visible, the absolute principle
who
about twenty years, po-
down
thought acquires a systematic character and comes
itself
itself
first
to
beyond
(the thought of thought,
eternally); but unlike Plato
Aristotle climbs to the summit.
the principle without
to reach,
He
is
unable to grasp
considering the fact. This
is
particularly
evident in Aristotle's treatment of moral and political problems.
Both his ethics and politics are permeated by a healthy awareness
of and constant respect for reality. This world and man's place in
it are Aristotle's concern. Here lies the most fundamental difference between him and Plato.
Great as they were and immense as is our debt of gratitude to
them, Plato and Aristotle (like those who claimed to be their successors, the Academians and the Peripatetics 8 ) departed from
Socrates' basic teaching on several important questions. Thus
Blato assigns an all-ftmhraring rnle to
trip ctatp
rnndriprg nnly ap
few WOrthv Of attention, and denies prartinally all validity tr.
family life and private property As for Aristotle, it is enough to
mention bjs doctrine of slavery, his identification of ethics with
po litics, his failure to see men and states beyond the horizons o f
t fye Greek polis. Others were to come who would prove that man
gleet
is
more than a
to
and independently of the
endowed with
citizen, that there are in
state, that
him values
existing prior
even a non-citizen
certain rights, that the state
is
not
all,
that
is
man
mankind
8 The Academians were philosophers
who belonged to the school
(Academy) founded by Plato. The Peripatetics were philosophers who
belonged to the Lyceum or Peripatetic school founded by Aristotle. Later
the two schools and the Stoic school merged in the University of Athens.
When this university was closed in a.d. 529 by order of Emperor Justinian,
the cycle of ancient culture came to an end.
Introductory
is
a single family
[11
I.
and each
man
a "citizen of the world." These
developed by the Stoic philosophers and implemented, partially at least, by Alexander the Great and the Romans. But they also grew out of various doctrines favoring political indifference (Epicurean school) or outright cosmopolitanism
were doctrines
fully
(Cynics and Cyrenaics
).
THE EPICUREANS
Epicurus (340-270 B.C.) and his followers wanted no part in
philosopher engage was for them
and political activities.
social
an unhappy philosopher. They gave priority to enjoyment and
pleasure (resulting from the sum total of all delights that keep the
mind at peace), which they sought in a quiet, hidden life, untouched by the problems and struggles of the common people. The
Epicurean attitude of political indifference helped weaken the
prejudices bound up with the institutions of the old polis and facilitated for
many
the acceptance of Stoic principles. 10
THE STOICS
Zeno
his
of Citium
on the
isle
of
Cyprus (334-261 B.C.) opened
school in Athens, in the Stoa Poikile or Painters' Porch
(whence the name "Stoic"). True to his principles, he died a suiThere are three periods in the Stoic school: the Old Stoa,
whose chief representatives were Zeno, Cleanthes of Assos in Troas
(300-232 B.C.), and Chrysippus of Soli in Cilicia (282-202 B.C.);
cide.
made famous by Diogenes, was founded by
combine the ethical doctrine of Socrates with the
theory of Gorgias the Sophist. Both had been his teachers. For the Cynics,
9
The Cynic
Antisthenes.
He
school,
tried to
absolute indifference to things external (including honor, riches, marriage,
government) was the essence of virtue. The Cyrenaic school was founded
in Cyrene by Aristippus, another pupil of Socrates. The hedonism it
preached (man must seek his last end in the refinement of sensual pleasure)
had a measure of influence on Epicurus and his school.
10 Both Epicureans and Stoics (particularly those of the Old Stoa)
believed in some sort of cosmopolitanism. But the former took selfish
refuge in the concept of mankind to free themselves of duties toward their
agonized city. The Stoics, on the contrary, courageously and confidently
accepted the humanitarian ideal lest with the citizen man also be lost. The
Epicurean is humanitarian out of self-interest, the Stoic out of duty.
12]
I.
Ancient Greece and
Rome
the Middle Stoa, whose most prominent men were Panaetius
Rhodes (about 180-110 B.C.) and Posidonius of Apamea
of
in
Syria (135-151 B.C.); the Third Stoa, which flourished in Rome
during the Empire and was made famous by Seneca, Epictetus,
and Marcus Aurelius. 11
Stoic politics
ing terms
is
its most rigid and uncompromisimmediate successors, in its mildest and
expressed in
by Zeno and
his
more reasonable terms by
who
the
Roman
Stoics and, especially, the
humanized Stoic social thought and
passed it to the Roman jurists and the Fathers of the early Church.
In his Republic, Zeno sees mankind as a single family, but a
family divided into two classes: the valiant and the inept, the wise
and the foolish. No amount of education will make the foolish
wise. Even friendship is possible only between the members of
each class. This, and not the unjust separation of free and slave,
or Greek and barbarian, is the true and only division of mankind.
Zeno wants the narrow city-state of the Greeks replaced by a cosmopolitan republic: one world, one society, one state, all men together like one flock pasturing on the same meadow. But in this
eclectic Cicero,
greatly
11
Lucius Annaeus Seneca (3 b.c.-a.d. 65), born in Cordoba, Spain,
Rome and soon became an eminent lawyer.
was the teacher of Nero, at whose order he died a suicide. His writings
studied Stoic philosophy at
He
and essays of
on such topics as Wrath, The Brevity
be considered "the highest and the completest statement of the Stoic views regarding the state in the early imperial epoch"
(C. H. Mcllwain, The Growth of Political Thought in the West [New York:
Macmillan, 1932], p. 119).
(letters
of Life, Mercy)
practical ethics
may
Epictetus (about a.d. 50-117), a Phrygian slave, was brought to Rome
an early age. His master, Epaphroditus, himself a freedman at Nero's
court, allowed him to study philosophy, and then freed him, but Epictetus
chose to live as a poor man, in conformity with his belief. For him, man's
outlook should be cosmopolitan: men, whoever and wherever they are,
have similar capacities and similar problems; therefore they should be
viewed as beings essentially equal. Epictetus' teachings were put in writing
{Discourses, Life, Manual) by one of his disciples.
Marcus Aurelius (a.d. 121-180), Roman Emperor from 161 to 180,
wrote in a mitigated Stoic vein. His Meditations (in Greek, the language
used even in Rome by the cultivated classes) is a collection of essays on
how to preserve peace of mind through belief in a world ordered by God's
wisdom and preserved by God's providence and how not to fear death.
Marcus Aurelius recommends resignation to God's will and love for humanity. Although as emperor he opposed Christianity, his writings are
more Christian than pagan in character.
at
Introductory
[13
I.
republic only the valiant share in political
come
whether kings,
rulers,
Zeno's Republic
is
priests,
life,
only the wise be-
or legislators.
The law
of
not a law based on social conventions or the
outcome of social progress. It is the ius gentium, the ethical law
founded on the idea of justice and the dignity of the human person
common to all peoples everywhere.
Two traits were generally characteristic
The
of the philosophers of
was their intellectual belief in universality
They believed in it enough to deny validity to any community less
wide than the whole world. But their belief in jnq'ivirinnlisrrj (the
second trait, the more important because of its practicality) made
them lean toward "isolationism" in the broadest sense of the term.
Yes, they were "citizens of the world"; yet they concentrated
solely on their personal lives. The philosophers of the Old Stoa
justified this attitude on the ground that the wise man's first duty
was to be himself; by being himself, they reasoned, man is con formed to the rhythm and order of universal life With the Second
and the Third Stoa, Stoic doctrine was notably softened. Apathy
and indifference (two other characteristics of the Old Stoa) were
tempered to a more serene and balanced attitude: external pnocfc
were no longer despised but subordinated to the pursuit of wi sdom Similarly, stern isolation and proud aloofness were replaced
by positive interventio n^ in so^ja] ljfp (though limited, for some,
to the contribution of their example of honesty, temperance, and
the Old Stoa.
first
endurance). Finally, in the Third Stoa, the humanitarian bent,
which made Stoicism the only philosophy possible in
time when the City was busy gathering all races under
Rome
its
at a
political
man's
brotherhood (homo res sacra homini, warned Seneca) and in a
law common to all became compatible with the recognition of
control, did not destroy the inferior associations. Belief in
one's
own
to
Through
and the existence and fulfillment of concrete duties
new Stoicism, two concepts until then seemingly antithetical
the idea of the state and the theory of man's
unity
were admirably reconciled.
it.
state
this
POLYBIUS, LIVY, TACITUS
In any
summary
of Rome's contribution to the development
some mention must be made of the work of
Polybius, Livy, and Tacitus.
of political thought,
three historians:
14]
I.
Polybiu$ (204-123 B.C.), a Greek brought to
tage
Rome
Ancient Greece and
Rome
when Macedonia and Greece were made Roman
quickly
became an admiring
the
great historian of the rise of
first
Rome and
of her power. His Histories, written in Greek,
in the Mediterranean, in Africa,
and
Of
is
in
later
the consolidation
truly the first in-
Rome's wars and
victories
Greece necessarily brings
and events of many another people
versality.
and
friend of the conquerors
ternational history, for his account of
die lives
as a hos-
provinces,
into the
Roman
special political interest is Polybius' theory of
uni-
con-
He restates the traditional distinction of the forms of
government to prove they are subject to corruption according to
stitutions.
a cyclical process
(since called Polybius' anaciclosis)
This
is
what happens: monarchy degenerates into tyranny, aristocracy
into oligarchy, democracy into ochlocracy or mob rule. Because
these constitutions change, are transformed, and return again to
their original stage through natural and inevitable evolution, "if
a
man have
entirely
a clear grasp of these principles ... he will rarely be
mistaken as to the stages of growth or decay
at
particular constitution] has arrived, or as to the point at
undergo some revolutionary change."
will
12
which
which
[a
it
Polybius concludes
do eventually fail. Then he turns to the
one he considers best: the mixed constitution as he sees it realized and exemplified in Rome
a constitution he masterfully describes and analyzes. Its validity and indestructibility, he asserts,
that simple constitutions
consist not so
much
in the mingling or fusion of political prin-
ciples (such as characterized Aristotle's polity,
was under the supremacy of the middle class)
checks and balances within the three organs
people)
among which
the highest governmental
wherein the
as in the
state
mutual
(consuls,
senate,
power
distrib-
is
uted.
Livy (Titus Livius, 59 b.c.-a.d. 17) wrote the Annals of the
People, a work in 142 books about a third of which is ex-
Roman
tant.
In the events of the past, that
from Romulus
is,
in the
Roman
experience
he seeks lessons and warnings for the
present. He judges governments not by their form but by their
actual behavior, moral and political: that government or state is
good wherein liberty and justice flourish and it might well be a
monarchy; that government is bad wherein pride makes the rulers
to Augustus,
12 Polybius' Histories,
and
New
translated by Evelyn S. Shuckburgh (London
York: Macmillan, 1889), Vol. I, Book VI, 9.
Introductory
[15
I.
and this is possible even in a republic. Livy
Rome's political health and ascendancy in the
influence exerted by her great men. They were able to dominate events and to maintain the proper equilibrium between social
classes first in Rome and then in the whole Roman world (always
excluding racist prejudice). They practiced the typical Roman
unjust and despotic
finds the secret of
through obedience to law in peace
and courage in war (virtus); attachment to family and religion
(pietas); determination and perseverance (constantia) moderation, temperance and, in general, self-restraint (gravitas). On the
other hand, he attributes the beginning of Rome's decadence not
virtues: attachment to the state
to
enemy
ness,
strength but to self-perversion through immorality, idle-
and extravagance.
Cornelius Tacitus (about a.d. 55-117), author of Germania
and a history of the reigns of several emperors (Galba to Domitian), centers his political theory in the princeps.
Though
still
in
and its
great men, and while utterly disgusted with the arbitrariness and
irresponsibility of imperial Rome, he realized that the Republic
had to give way to the Empire if Rome was to be saved. In the
face of bleak reality, he hoped for better days; these would come
when, at home, the principate would be reconciled with liberty
and, abroad, the Roman armies would march again and conquer.
Tacitus is against tyranny but he is also against idle peace (immota pax).
love with the Republic of old and
traditional qualities
its
ROMAN LAW
Rome's greatest contribution to political thought is to be
sought in hei "Organizational and administrative genius and in her
system -oflawand jurisprudence. These are sources of political
tholight as genuine" ancTvaluable as political theory. In Greece,
speculative investigation of political issues
to political reality:
was always superior
saw the
there the great philosophers never
Rome, on the other hand, through her
statesmen and arms and laws and institutions, actually created an
realization of their ideals.
ethical
and
political reality to
which no other
in history
is
com-
parable. This she did long before her philosophers attempted a
political
man law
formulation and discussion.
are
its
What
characteristics. Clear,
are admirable in
Ro-
peremptory, reasonable,
it
16]
I.
was able
Ancient Greece and
to adapt, without losing
its
identity
Rome
and compactness, to
it was a
ever changing national, social, and economic conditions;
law so vital and vigorous as to grow, over a period of about a
thousand years, from municipal law into the law of a world-wide
empire, while retaining, in the process, its basic principles and
balanced harmony. Undoubtedly a law with such exacting features
could not be the result of a casual amalgam of day-by-day rules
and
judicial decisions.
At
its
roots
unwritten body of ideas expressing
was a profound wisdom, an
itself logically
not in formal
was to survive the decay and
Empire and that was, with the changes inserted by Christianity, to pass on to the Middle Ages and then to
the modern world. Today Roman law still lives in many legal principles of the Church (the Code of Canon Law) and still holds sway
over many nations in Europe, America, Africa, and Asia.
The major principles of the Roman legal system, finally codified by Justinian in his Corpus luris Civilis, 1Z are: the existenc e
of a universal law, the rule of right reason, binding upon all men
the, necessity th at, to be ust, all other laws conform to it: the essential premise that the state is a partnership, a sort of compact
a community of men associated in consent to .law; the emerging
theories but in a legal system that
disintegration of the
(the law that regards the political constitution
the state)
^dius
and organization of
privatum (the law that concerns the relations
between individuals); and, in turn, the division of private law
i us civ ile (the law proper to the citizens of a particular state
into
as a rule, the
(the law the
law proper
Roman
to the
Roman people), ius gentium
common with the whole
people have in
human
race), and ius^aotumle (the law of reason, derived from
man's rational nature: what is invariably fair and good); 14 the
13
The Corpus
luris Civilis comprises four collections or compilations:
Digesta or Pandectae
Roman
jurists,
(533), fragments of the works of the principal
Codex (second edition, 534), the imperial
in fifty books;
laws or constitutions, in twelve books; lnstitutiones (533), a manual for
new decrees of Justinian
from 535 to 565.
the study of the law, in four books; Novellae, the
14 In the
second century A.D., the majority of Roman jurists seemed
law of nature with the law of nations; but in the third
century the two laws were regarded as actually differing: the law of nations
to identify the
as originating in the course of history
and the
ius naturale with
human
Introductory
[17
I.
law as "what the populus
definition of
[all
citizens]
command
and have established" and consequently the principle that the
source of
legal authority
all
is
the populus. This last principle (of
incalculable importance for the subsequent development of constitutional theory
Roman
and practice) must be considered central
constitution. It persisted to the very end.
to the
The Lex Regia
nted the, princeps the
fry which the Roman people gra
whole sovereign authority of the same Roman peopl e, remained
forever a proof that the power nf the pmpprnr rip.rivp.ri frnm the
de imperio,
people
The
it is true, became the font of law, but it was
by law, had bestowed upon him the imperium
princeps,
the people who,
and the
potestas. In a sense, the
first if faint
ern concept of democracy are here:
(Roman) people and
exercised by the
is
selves o r .by those (the
emperors) to
origins of the
s overeignty
mod-
belongs to the
(Roman) people themthe (Roman) pe ople
whom
delegated, their power.
SELECTED BIBLIOGRAPHY
*
Herodotus. The
Histories. Trans, by A. de Selincourt. Baltimore:
Penguin Books, 1954.
Marcus Aurelius and Epictetus. Meditations and Enchiridion.
Chicago: Gateway Books, 1956.
* Selections
from
Robinson,
the
Jr.
Greek and Roman Historians, edited by C. A.
York: Rinehart Editions, Reprint Series,
New
1957.
*
The
Stoic Philosophy of Seneca. Trans, with an Introd.
Hadas.
by Moses
York: Doubleday Anchor Books, 1958.
Agard, W. R. The Greek Mind. Princeton, New Jersey: Van
Nostrand Anvil Books, 1957.
Bury, J. B. The Ancient Greek Historians. New York: Dover Publications, 1957 (New York, 1908).
Costanzo, J. F. "Graeco-Roman Politeia," Fordham Law Review,
XX
*
New
(June, 1951), 119-155.
Fustel de Coulanges, N. D. The Ancient City.
Doubleday Anchor Books, 1956 (Boston, 1873).
nature
itself.
New
York:
The difference was accentuated under Christianity. Then, for
was said to be an institution of the ius gentium (in force
instance, slavery
everywhere) though certainly against the ius naturale (against nature).
18]
I.
Hammond, M.
Political
City-State
Theory
sity Press,
until
Ancient Greece and
Rome
and World State in Greek and Roman
Augustus. Cambridge: Harvard Univer-
1951.
Jolowicz, H. F. Historical Introduction to the Study of Roman Law.
Cambridge, England: University Press, 1932.
McCoy, C. N. R. "The Turning Point in Political Philosophy,"
American Political Science Review, XLIV (September, 1950),
678-688.
Sinclair, T. A.
Routledge
*
History of Greek Political Thought. London:
& Kegan
Paul, 1951.
Taylor, A. E. Socrates. New York: Doubleday Anchor Books,
1953 (Boston, 1952).
Toynbee, A. J. Greek Historical Thought. New York: New American Library, 1952 (Boston, 1950).
CHAPTER
II
Plato
LIFE
PLATO
was born
in
428 or 427
tinguished Athenian families.
On
B.C. to
one of the most
his father's side
dis-
he was re-
and through his
Athens was still
the great, splendid city of Pericles, and in his youth he must have
heard Sophocles, Euripides, Aristophanes, Thucydides. Plato saw
the city enriched with the Propylaea, the Odeum, the Erechtheum;
but he was soon to witness also the disastrous effects of the Peloponnesian War and the precipitate decline of an Athens morally
corrupt, ravaged by internal strife, ruled by unscrupulous demagogues and tyrants. His attitude toward Athenian democracy belated to Codrus, the last of the Athenian kings,
mother
came
to Solon.
During the
first
increasingly unfavorable
years of his
while his
life,
admiration turned to
and its legislation. Toward
the end of his life, Plato could not have failed to observe and
ponder upon the growing power of Philip of Macedon.
authoritarian and disciplined Sparta
Plato's education, like that of
literature,
all
wealthy Athenians, comprised
music, painting, and dancing.
athletics, so distinguishing
He was
also trained in
himself that he took an award for wres-
1 His name was Aristocles but he became known as Plato, which
some say was the nickname given him by an athletics teacher because of
his
broad shoulders.
20]
Ancient Greece and
I.
tling in the
cally at
Isthmian games
a Panhellenic contest held periodi-
Corinth to honor Poseidon.
As has happened
and
to others
will continue to
did not immediately recognize his true vocation.
at first to poetry, writing lyrics
man
Rome
and
tragedies.
happen, Plato
He
gave himself
But when a young
met Socrates and, as if suddenly enlightbecame Socrates' disciple, and devoted himself completely to philosophy, remaining however always a poet at heart.
of twenty, Plato
ened, he burned his poems,
Plato spent eight years with his teacher (407-399), but he
was not a man of a single book or a single school. He studied
other systems and became acquainted with other philosophers,
among them Cratylus, a disciple of Heraclitus.
The harsh, bitter reality of Socrates' tragic end had a profound and lasting influence on Plato. He felt nothing short of contempt for Athenian politics. Perhaps then for the first time he
despaired of ever seeing the concrete realization of the rational
and
just state
he had envisioned in his conversations with his
teacher and friends.
left his native city and traveled
and southern Italy. In Egypt he was
exposed to one of the world's most ancient cultures, and at Tarentum he befriended the Pythagorean Archytas, a staunch advocate of the aristocratic form of government. These contacts were
of no little importance for the maturation of Plato's philosophy,
After Socrates' death, Plato
extensively in Egypt, Sicily,
his political philosophy included.
Plato returned to Athens about the year 387. There, in the
park dedicated to the hero Academus, Plato
a sort of school for philosophical and poemploying both expositive and dialogic methods.
olive grove of a
founded
his
Academy
litical training,
For
forty years Plato's
the great problems of
weak
life,
voice could be heard propounding
ethics,
and
art.
Today, reading the dia-
logues in which he compiled his lessons, the world
at the depths of
still
marvels
knowledge, at the prodigious, almost angelic, in-
tuitions.
Plato twice interrupted his teaching to go to Sicily.
been there a
first
He had
time, probably in 388, during the reign of Dio-
nysius the Elder, but then his mission
had
failed miserably.
Turned
over to Pollio, the Spartan ambassador, to be sold as a slave, he
had been taken to Aegina, where he was soon released for a ran-
Plato
som
[21
II.
equivalent to
little
more than 300
On
dollars.
second
his
(367) and third (361) visits to Syracuse (to the court of DionyYounger), Plato's friend and disciple Dion continued to
encourage him actually to establish in Sicily a true form of govsius the
ernment. Nothing, however, could be accomplished. Dion
met a
the tyrant's disfavor and later
in danger, but the Pythagoreans of
was
and he was permitted
his cause
isle, first
fell
violent death. Plato's
Tarentum
to leave the
into
too
life
strongly pleaded
sunny and beautiful
a source of hope, then of sorrow and delusion.
Back
in
Athens, Plato resumed the speculative work to which he had given
met his unforgettable teacher.
Death claimed him in his eighty-first
who had never married was a guest
himself so completely ever since he
He worked
until his last day.
year (347 B.C.) while he
wedding
at a
feast.
POLITICAL WRITINGS
Among
the
numerous works (more than
thirty) generally at-
tributed to Plato, three are devoted specifically to political philoso-
phy: the Republic, the Politicus (or Statesman), and the Laws.
some question as to the authenticity of the Politicus
probability was written by Plato), there can be no
reasonable doubt about the other two. The Republic is a triumphant expression of his full intellectual maturity. The Politicus
belongs to a somewhat later date. The Laws was written in his old
If there is
(which in
all
age after his last Sicilian
trip.
THE REPUBLIC
In the Republic, Socrates, the narrator, presents the blueprint
founded
for PJato's ideal city,
true, aristocrats, that
is.
totally on justice and governed b y
by philosopher-kings "the best" in the
truest sense of the term.
To
avoid any possible ambiguity,
stated that Plato's city
dream but
is
in the sense of a perfect
never be realized on earth,
idea
is
tme and
square, which
is
real-
it
must be immediately
ideal not in the sense of a chimeric day-
is
mode l
that,
it
may
as
an
the idea, for instance, of a triangle and a
so true and real that
men
are able to
even though no man-made geometric figure
the square.
though
nonetheless true and real
is
draw them
the triangle or
22]
I.
Ancient Greece and
Rome
Plato compares justice in the individual to justice in the per f ect
state.
pJLay
In both individual and state, each component must
if unity is to be achieved. In the former, the
true role
its
lower element (the "appetitive," seeking the gratification of irrational desires, the enjoyment of the senses) and the intermediate
e lemen t (the "spirited" or volitional, inclined to dare and fight for
what
is
their
activities
wrong) must rema in subservient in
to the highest eleme nt, (reason and its considered
right against
what
judgment). In the ideal
is
city the identical elements, in identical
order, constitute the national or collective soul:
by gold) is loyally served by courage
obeyed by appetite (brass).
ized
If this
hierarchy of classes
is
wisdom (symboland cheerfully
(silver)
disregarded, the soul of the city
becomes diseased and unbalanced, political life degenerates, and
deterioration progresses steadily. With admirable insight into the
dynamics of political corruption, Pl ato traces the forms jof government throiighsuccessive ^tag^s^-on^e-4h#-germ--fj decay has
taken
hold of what was the id eal
loving constitution,
wisdom-loving
by the
will,
oligarchy.
moves
class.
in
when
city.
Timocracy, or an honor-
the warnoFcTass supplants the
Inspired by pride and ambition, dominated
divorced from reason and heart,
The
latter,
it
soon produces
better called plutocracy (for
it
is
govern-
knows but the appetite for sensible pleasures.
This in turn gives birth to de mocrac y, that is, mobocracy, the rule
of the undisciplined and envious many. The last offspring is inment by the
evitably
man
rich),
yranny. Tired of lawlessness, the masses turn to a strong
for the restoration of order.
The new master may begin
well,
but absolute power soon degenerates under the urge of dark, un-
comes a
prison,
lust, megalomania, bestiality. The
and an abject slave, devoid of reason,
controllable forces
city
be-
its jailer.
2 In the Republic, Plato's main concern is not so much the state as
man. His main problem is "how can man best live" rather than "which
is the best form of government." The inquiry into what constitutes justice
(universal justice) in the city is but a way of finding out the meaning and
implications of man's nature thereby to reach full knowledge of man's
whole duty. What does Plato discover? Justice consists in a proper order or
hierarchy, in distinction and cooperation. There is justice when among
different elements
(in individual
man)
as well as
among
different classes
each class, realizes its capacities and limits,
and strives to achieve its proper aim without interfering with the other
elements and classes in the performance of its respective task.
(in the city), each element,
Plato
[23
II.
According to Plato, then, the ideal city is composed of three
classes. The first and smallest is that of tiie guardia ns. Their virtue is wisdom, whereby they possess the knowledge of "ideas,"
an active knowledge enabling
that is, of the essence of things
"^tfeem wisely to, direct, public
life.
Then
there
is
the class_of the
uxiliaries or soldiers, the defenders of right against external ene-
mies and internal disturbers. Their virtue
is
courage, whereby they
rationally consider the nature of things to be feared
to
and things not
be feared, according- to the training received from the guardians.
The
third clasj^
,m Jhe _majority_j_ isJthat __of_ the
artisans, farmers,
and trMer^Xthe_^pmmon_^eople^ the worMngjpopulation). Their
virtue_consists in a certain control or moderation of their irrational desires. Their duty is to be contentedly: subject to the judgment and restr ainin g action of the other two classes and to prodp for the city's economic needs.
Pvjf"
These three classes are har moniously bound by the virtue of
justice, which requires that, in contributing to the c ommon good,
eajzh citizenjwork in his proper capacity, doing the one thing for
wtiichjie is best suite d. AnotbeYlortue that~srT6uld extencTTo" the
whole of the city and put all persons in tune is temperance
mastery o f pleasures and desires, "a concord of th e naturally bet^^
ter
and_wore_as__to ffirn^b^ougbt-te-i^ig-Tyfaetlier in a city or
in
any single_person." 3
These virtues (wisdom, courage, t emperance, a nd justice) are
acqiiireri_jTirnjjoh eTlrTratirir^'ar.rnrdirig to Plato the supreme function of Jhejsta te
a function that, as
the state, mu^t_be_jnonopolized^by
state is
not an end in
it is
it.
the very raison d'etre of
It is
evident that Plato's
no matter how all-embracing
itself,
its
over ~the_ individual-citizen, but-an-4ns4rumeni=io:^3ucate
power
men
to
virtue.
Plato's
program of
and__training.
state education
From among
the free
has a dual aspect: selection
men
the state selects those
destined to be soldiers, leaving the remainder to increase the ranks
and expecting nothing of them beyond an exand a modicum of external moderation. The
of the lowest class
ternal obedience
would-be
soldiers,
instead,
are immediately put to a thorough
training to be enjoyed as a recreative
for constraint
is
The Republic,
alien to
in
and pleasant experience,
good education. Their minds are re-
Great Dialogues of Plato,
p. 231.
24]
I.
Ancient Greece and
Rome
fined through the study of music (which also includes dancing
and certain kinds of poetry), their bodies exercised through gymnastics. If they have successfully met their tests, the young trainees
at the age of sixteen are introduced to the study of mathematics
(inclusive of geometry and astronomy) as a means of disentangling their souls from an exclusive attachment to the world of the
them to the enjoyment of the science of unity
and numbers, which stands midway between the "sensible" and
senses and elevating
the "intelligible."
new
selection
diers, the "aristoi,"
is
made
after the age of thirty.
The
best sol-
continue their education through a five-year
period of philosophical studies and a fifteen-year period of pracexperience in government, police duty, and war. This long
tical
training should enable
them
to
become
true philosophers
by the
and then to place their knowledge, if necessary, at the
service of the community in the official capacity of guardians or
magistrates. Philosophers and soldiers alike must be detached
from material goods, earthly comforts, and purely personal pleasures. This exigency is emphasized by Plato when he denies the
members of the higher classes private property and a family of
their own. 4
age of
fifty
They must live in common, attending in messes as if they were in
the field. As to gold and silver, we must tell them that they have these
from the gods as a divine gift in their souls, and they want in addition
no human silver or gold; they must not pollute this treasure by mixing
it
with a treasure of mortal gold.
4 Stretching to the
utmost the rules of the Spartan constitution, Plato
recommends coeducation, the abolition of family life, the introduction of
eugenic breeding, the community of children and of material goods. But
Plato's communism has nothing in common with Marxian communism or
other modern forms of egalitarianism and collectivism. In Plato's ideal
state, private property was denied only to a minority, to the actual and
potential members of the governing class. Their communal life was to be
"more a communism in deprivation than a community of goods," for they
were allowed only the bare necessities. Furthermore, Plato's communism
served moral purposes, not economic ends. To possess material goods was
not a blessing but a curse. Family ties and gold and silver stood in the
way of philosophic pursuit and were to be left to the masses, those incapable of enjoying the only true and lasting pleasures of the spirit. See
Mcllwain, The Growth of Political Thought
p. 40.
.
The Republic,
pp. 216, 217.
Plato H.
The point
interests
[25
makes here
that Plato
must be
that the ind ividual's private
is
drastically controlled
prime Importance
and reduced. What
of
is
the complete dedication of oneself to the
is
attainment of the supreme goal: the contemplation of the pur
"intelligible" _(as_opposed
tojhe "sensible" ^ world, the world o
essences, andjina llv of th e very.
"essence" but beyond
it,
Good itself
superior to
it
the
Good
in both dignity
that
is
not
and powerl
This was indeed a lofty aim, almost too high for a man of the
pagan world. But what_a jpity that this aim was reserved to a very
few while the rest were abandoned to the animal life of their instincts. And what a degradation for the few to have their lives
and loves so punctiliously regulated in order to attain their goal.
Thus, to build a state where wisdom reigns, Plato would destroy
private property and family life; to
the foundations of society
train the best youths~Tn~tfT<T country, he would resort to inhuman
means. How right was Aristotle in attacking these, the weakest
points in Plato's political philosophy r ^K
It is interesting to
note that Plato's system of education does
not exclude women. In fact, J?lato. could be considered the
feminist.
He
common notion
women are superior
even asserted, against the
many
temporaries, that in
things
first
of his conto
men.
If
they have the required aptitudes and talents, nothing prevents their
same training and eventually discharging the same
men. "Offices are common, of course, to both women
and men." 6 Furthermore, in Plato's ideal city the children of the
members of the lowest class, if gifted and ambitious, may be ad-
receiving the
duties as
mitted to^jhejngjierdasses. Conversely, the children of the philosophers and soldiers will
become members
of the artisan class
should they prove unqualified for government or war. "Sometimes a silver child
may be born from
a golden [parent], or a
and so with all the rest of the breeding
amongst each other." When this happens the guardians "will give
him the value proper to his nature." 7
golden from a
silver
PlatoTnanifests equal concern fonlhe^ preservation of the physical purity of the race.
one~of the others
will
put away as
Ibid., p. 258.
8 Ibid., p.
258.
"The children of
who may be born
is
the inferior sort,
and any
defective, they [the officials]
proper in some mysterious, unknown place."
t Ibid., p. 215.
26]
Rome
Ancient Greece and
I.
number
Similar rules coldly specify that the
decided by the guardians; that
women
of weddings
is
to be
should bear children for
men beget from the
and that children "dumped" illegitimust be disposed of "on the understand-
the state from the age of twenty to forty and
thirtieth to the fifty-fifth year;
mately upon the city
ing that there is no food or nurture"
for them.
THE POLITICUS
In the Politicus, which
other dialogues
is
a less abstract continuation of two
an
Parmenides and Sophistes
Eleatic stranger
Two
discusses the definition of a statesman with Socrates.
of government are considered:
first,
king, superior to laws, able to apply his
lar case,
forms
the rule of the philosopher-
wisdom
to each particu-
meeting every new situation with a perfectly
sion; and, second, constitutional rule, a rule
based on
fitting deci-
fixed, written,
be applied equally to all. The conclusion is
which no true philosopher is likely to
perchance he does, he is not likely to be recognized
inviolable law, to
that in actual conditions, in
arise (or,
if
and given the deserved power), the more practical form of government is the supremacy of law. This premise established, the
dialogue goes on to speak of the various forms such government
may assume. They are, in descending priority: monarchy (the
rule of a single person), aristocracy (the rule of a. small competent group), and democracy (the rule of the demos or common
people). Even democracy is not without its merits provided a
fundamental law exists and is respected. But if this basic law is
whims of the ruler, the situation changes
Then, of the perversions of the good types of government, the least dangerous is false democracy; next comes oligarchy; the worst is tyranny, the rule of an irresponsible dictator.
ever set aside for the
entirely.
THE LAWS
The Laws, published posthumously, shows
descent into the heart of actual
cus.
tution
s'
new
life,
Plato's conscious
already initiated in the Politi-
under consideration.
Its consti-
must be framed and regulations adopted for the
right gov-
Ibid., p.
settlement in Crete
259.
is
Plato
emment
[27
II.
of a
community more or
average Greek
less similar to the
city-state of the fourth century.
make
Reluctantly but not ungracefully, Plato tries to
of a given historical reality.
The
ideal of the Republic
is
the best
tempo-
dropped for a more immediate purpose. Class division is
abandoned and, with it, communal life as regards both property
rarily
and family. Speculative philosophy and the knowledge of ideas
are replaced by the popular religion, previously the lot of the
common people. The dominant virtue is no longer wisdom or
courage, but moderation for all.
Plato goes still further. For a society of ordinary men like
that of his time he advocates a "mixed" constitution based on
both the democratic principle of "popular representation" and
the principle of "authority," with due emphasis on the personal
qualifications of the magistrates. Obviously, in this type of state
law must reign supreme, as already explained in the Politicus.
At the same time there are certain features of the Republic to
which Plato
clings tenaciously:
education remains the supreme
function of the state, although curricular
so high; the equality of the sexes
demands
are not pitched
maintained in regard to edu-
is
cation; though Plato does not abolish private ownership or forbid
anyone family
ily
life,
he decidedly favors a
strict limitation
of fam-
patrimonies and a rigid control of marriages and domestic
life.
UNITY OF PLATO'S THOUGHT
Plato's
famous theory of the ideas innate
in
man's soul by
divine~~creatiorijs the foundation of his entire philosophy, includ-
in^rpolrlics ZlThese ideas -{spiritual concepts or forces) the soul
knew
pr eyTousJif&^Jaeioj^Ii^
the prison
and now they can be "remembered." The spark that
wilt possiblylgnite thennemoTy~and~awaken a consciousness never
entirely lost is produced by contact with actual things through
the__senses. These things retain, by way of reflection, some trace
or measure of the ideal; and~thTs~resefflbiance, "however dim, sets
in motion a process of reminiscence that can ultimately make the
individual conscious again of what his free soul once knew so
7
well. "To know," then, is "to remember." "^
intuitiv ely irra
of the body;
This metaphysic-aLdualism-the inteUigible__ajid- the sensible,
:
ideas andjEiTigs
is
also-
an etbicaLdualism:. good and
evil, right
28]
I.
Ancient Greece and
Rome
moral conflict inevitably arises between the world
and__wreng.
of thpjpmp s and th e- gzorld ol the intellect The soul, which once
contemplated the
latter
but
presently the prisoner of the body,
is
man can
and purity and freedom of the intelligible
through study and training, by dying, as it were, to matter and
its base inclinations; in a word, through philosophy, which for
longs to return to
its
transcendent realm. Fortunately,
attain the happiness
Plato has a function of catharsis or purification.
With
this philosophical
system as the framework, Plato builds
For him the pur pose of the sta te is to
virtue, to help them recapture the knowledge
his political philosophy.
educate
ci tizens to
of Tdeasjjr , at least,
Jo Jsupply them
livings-How can
be done
this
if
with a guJdgTfor rational
the rulers are not enlightened?
Consequently, Plato maintains that o nly those-wha-have- escaped
from th e chains and darkness ol the world of the, senses and seen
the fig ht of the wor ld_o_Lthe-mind are-entttl c d to gov ern. 10
r^
Knowledge is for Plato a motivating principle, "a vital, active
principle of virtuous actions" and wise decisions. If all men could
see the light, government in the usual sense would be unnecessary;
all members of human society would need but to follow their rea son "anarchy" would be justified. But men are essentially unequ^h_not all_are _apaJ2Le_JiLattaining true knowledge; in fact,
only a few can go beyond sense experience and soar to the clear
;
contemplation of heavenly, timeless, changeless ideas. Therefore
the few philosophers, they
who know and whose
fectly attuned to universal reason, are
of the vast majority of men,
still
by natural
reason
is
per-
right the rulers
chained in the cave of intellectual
government
is a ristocracy
by the wise, by the. best, according to Jheir discretion* jrather than
accordingjo a b ody of inflexible laws. F or Plato this is the highest
darkness.
Jn,-politics_, then,
the result
state , the ideal sta te , the best state possible
tion could give happiness to
man
"No
or to people."
other constitu-
The philosophers must become kings
are
now
called kings
in our cities ... or those who
and potentates must learn to seek wisdom like
10 This refers to the famous
story of the cave with the chained
prisoners and the shadows being projected on the wall and the escape of
the philosophers. The remarkable image is found in The Republic, at the
beginning of
Book
11 Ibid.,
p. 273.
VII.
Plato
[29
II.
and so political power and intellectual
and the crowds of natures who now
pursue one or the other separately must be excluded. Until that happens
there can be no rest from troubles for the cities, and I think
for the whole human race. 12
true and genuine philosophers,
wisdom
.
will be joined in one;
Unfortunately,
it
is
not impossible, to find a phi-
difficult, if
losopher-king in actual conditions. Hence the need for
men
to
submit to the rule of laws and customs and to bind themselves
in a
form of government
that,
though "untrue," seeks as closely
the second best state,
as possible to resemble the true. This
is
wherein subjection to laws, at
of society, constitutes the
all levels
ultimate criterion of political morality and success, and furnishes
the key for distinguishing
One
justified
is
the three dialogues
good from bad types of government.
then in reconciling the different viewpoints in
on the
state.
The
political
thought of Plato
always remained essentially unchanged. But he was a
among men
man
living
and, though his concept of the perfect state never
suffered defeat in his mind, circumstances constrained him, in the
actual impossibility of attaining the
optimum,
to direct his efforts
achievement of a limited, practical application of the ideal
and thus avoid greater evils.
to the
SELECTED BIBLIOGRAPHY
*
Plato. The Republic. Trans, and Introd. by H. D. P. Lee.
more: Penguin Books, 1955.
Balti-
The Republic. New York: Dutton Everyman Paperbacks,
1957 (New York, 1906).
-.
Statesman. Trans, by J. B. Skemp. New York: Liberal
.
Arts Press, 1957.
-.
Great Dialogues of Plato (including The Republic).
W. H. D. Rouse. New York: The New American Li-
Trans, by
brary, 1956.
Barker, E. Greek Political Theory: Plato and His Predecessors.
London: Methuen, 1957.
Burnet, J. Platonism. Berkeley: University of California Press,
1928.
12 ibid.
30]
I.
Costanzo,
J.
Rome
Ancient Greece and
F. "Plato: Republic,
Books, ed. by H. C. Gardiner.
Books VI and VII," The Great
New York: Devin-Adair, 1953.
Vol. IV, pp. 14-24.
Drake, H. L. The People's
Plato.
New
York: Philosophical Library,
1958.
Field, G. C. The Philosophy of Plato.
sity Press, 1951.
.
New
Plato and His Contemporaries.
York: Oxford Univer-
New
York: British Book
Center, 1953.
Fireman,
P. Justice in Plato's Republic.
New
York: Philosophical
Library, 1957.
Friedlander, P. Plato: an Introduction.
New
York:
Pantheon
Books, 1958.
Levinson, R. B. In Defense of Plato. Cambridge: Harvard University Press,
1953.
Nettleship, R. L. Lectures on the Republic of Plato.
New
York:
Macmillan, 1955.
*
Taylor, A. E. Plato: The Man and His Work. New York: Meridian
Books, 1956 (New York, 1949).
Wild, J. D. Plato's Modern Enemies and the Theory of Natural
Law. Chicago: University of Chicago Press, 1953.
chapter in
Aristotle
LIFE
ARISTOTLE
was born in Thrace in 384 B.C. His native town,
on the Chalcidice peninsula, was an old Ionian colony, open to every current of Greek culture. Its language was
Greek and its people were pure Hellenes. His mother came from
Chalcis on the island of Euboea. His father Nicomachus, who
died when Aristotle was still a child, was physician to Amyntas II,
king of Macedonia and father of Philip the Great. In 367, Arisl.
Stagira,
went to Athens and, after a brief interlude at the school of
became one of Plato's pupils at his newly founded
Academy. There for twenty years he studied philosophy and
probably helped in the teaching of rhetoric. His devotion and loyalty to Plato cannot be doubted. But he was a formidable critic
and clashed rather sharply with his teacher on some philosophical
points: Amicus Plato, sed magis arnica Veritas. Plato felt a like admiration for Aristotle, whom he called "the reader," or scholar,
and "the spirit," or intellect.
totle
Isocrates,
After Plato's death, the insignificant Speusippus, a nephew
no relative intellectually, became head of the
was then that Aristotle left the Academy and with
Xenocrates, another of Plato's pupils, went to Asia Minor. For
about three years he lived in various places, studying and teachof the founder but
school.
It
32]
I.
Ancient Greece and
Rome
ing, always in close contact with former members of the Academy, particularly Erastus and Coriscus of Scepsis, and Hermias,
the learned tyrant of Atarneus in Mysia, whose niece and adopted
daughter Pythias he eventually married. In 344 or 343, at the
suggestion of a devoted friend, Theophrastus of Lesbos, also of
went from Assos to Mytilene on the island
was brief. In 342, Aristotle accepted
the invitation of Philip to become tutor to Alexander (then thirteen years of age) and took up his residence at Pella, the capital
of Macedonia. He remained there until about 334, not always,
however, in the capacity of tutor to Alexander. During this Macedonian sojourn he became a friend of Antipater, who was to become regent of Macedonia and Greece upon Alexander's departhe Platonic circle, he
of Lesbos. His stay there
ture for his eastern campaign.
In 335 or 334, shortly after Alexander's accession to the
throne, Aristotle
was back
in Athens. In a
park that Pericles had
destined for the training of soldiers, he established a school of
his
own
called the
Lyceum
for
its
proximity to the temple of
Apollo Lyceus. This school was also termed "peripatetic," because of Aristotle's habit of lecturing as he walked with his students in the garden or, according to some, because of the shady
For twelve years Aristotle gave himself
Nothing in the field of speculative and practical knowledge had ever escaped him. Throughout his young and adult years
in Macedonia, at the Academy,
wandering through Asia Minor, at Pella his had ever been the
insatiable curiosity of the Greek mind for both heavenly and
earthly things. During the last years of his life, there was a marked
shift in his interests. Historical facts and records, actual political
walks that surrounded
to teaching
and
it.
scientific research.
constitutions,
customs of barbarians, natural history, biological
anatomy and physiology
such practical matters formed the primary object of his re-
data, psychology, histories of the sciences,
all
search and treatises.
Then, in 323, came the startling news of Alexander's death
Babylon at the age of thirty-three. Demosthenes, the great
orator and Athens' nationalist leader, immediately led a violent
in
movement
against the Macedonian party. Because of his former
connection with Alexander and his friendship with Antipater,
Aristotle fell
have him
under suspicion. Before his political enemies could
on the trumped-up charge of impiety, he fled so as
tried
Aristotle
[33
III.
not to give the Athenians "another opportunity to sin against philosophy." This time he went to his mother's town, Chalcis, where
he died the following year (322 B.C.) of a stomach ailment. He
had married twice. From the first marriage, to Pythias, was born
a daughter; from the second, a son, Nicomachus.
Aristotle's sixty-two years of life coincided with what was one
of the most critical and dramatic periods of Greek and world history. Sparta had been defeated by Thebes and her allies under
the leadership of Epaminondas (d. 362). The hard- won supremacy of Thebes had been short-lived. In 338, the heroic efforts of
Athens, Thebes, and other Greek cities to stop the march of
Philip of Macedon had failed miserably with the battle of Chaeronea. Greek independence was at an end. Finally, Alexander had
moved rapidly in his conquest of the world. He was about to or-
when death, with equal swiftness, overtook
momentous events, however, seemed to have had
little or no effect on Aristotle's views. Inexplicably, his political
vision of the world remained focused on the Greek city-state. He
ganize his vast empire
him. These
refused to admit the reality of the surging territorial state and
its
condemn
it.
fatal
He
consequences. Aristotle was aware of
never recognized the necessity of a
tions that
it
only to
new approach
to condi-
had definitely destroyed the old concepts of a compact,
and a minority citizenship within the iron fence of
limited state
the polis.
GENERAL PHILOSOPHY
Aris totle does not share Plato's belief in the theory of universal forms eternally existing
by themselves-^paft-lrom
things.
He
denies the exis tence of a world of ideas separate from that which
app ears to~5eTguch a world
fiction.
man becomes aware
Sxisls,
a Utopia:
it is
nowhere;
is
world is for him nonsense.
world, the world of sensory things, that world
fective reflection of the ideal
terial
is
Therefore, to say that the material universe
however,
m aterial
is
elemen ts
it is
sheer
but a de-
The ma-
oT which
through experience, truly "existsT Not
all
that
purely mate rial. Ideas exist,Too. They are iminherent and imbedded in thin gs, elements
that the intellect
is able to abstracTlrom individual objects.
ReagtV^&^Js^comtjIjitftd by twn prinri ptes- matter that of
which things are made, and form, that which causes them to be
,
34]
I.
Ancient Greece and
Rome
(motive cause) and that to_v^nch_theyjnd (final cause). With
Supreme Being, 1 who alone is_j2iiie_jdea, pure
the exception of the
form, pure intelligence-jadlli no_admixt ure of matte r,
be
matter exists by
is
itself.
simply that which
thing
is
m a tter_and
both
real, "re quire
Alone neither has a substance. Substance
Only an individual/
substance, and every individual thing
is
the result of
the?
An
absolutely undetermined matter, q
form, does not exist in the whole of crea-
matter without some
Nor does
to
individually determined.
is
union of matter and form.
tion.
all things,
form^ Neither the idea nor the
there exist a form that
is
not the form of some-
thing or in something.
Her e. matter and form, no longer opposed
to each other as in
Plato's system, require^anrLg omplement each o ther.
imp erfect, rudimentary
ger m, the
state_^a_piece_ of
Matter is the
wood, a block
of"marble, an acorn, for example; in relation to a desk, a statue,
an oak); form js_Jhe__Mu^pnrrt1Jhe pattern, the_gnL to which
matter tends (the idea of the desk, the statue, the oak).
par-
comes into existence only when matter and form
umte^Jhrough^ motion or ev olution, that is7~tBfough~a~process of
ticular thing
transition or transfomaliojiJrxmi^)lency_lQ^cJ^ality.
real or concrete only
when
with the realization of
its
the potential
goal, does
it
is
actualized.
become
being
is
Only then,
fully itself.
According to Aristotle, th#4aw_oi^_Jbeings_is^ their instinctive tendency to reach their fullest realization. The seed tends to
become a"plant, the blossom a fruitTthe child a man. Each is directed by nature to
its
"limit," its "finality."
what does man tend? Man, as matter, as potency, to
what form does he tend? Aristotle answers the question in his
ethical and political philosophy. Man tends_to realize himself
fully in thr^tatg__T3l-. state is the supreme forrp pi man anrl of
Now,
For
to
Aristotle,
God
is
the pure act, the pure idea. Outside
God, then,
is
Him, how-
undetermined, multiple matter.
the formal, not the creative, cause of all things. God does
equally eternal, there
ever,
is
informal,
mode. Plato adan eternal God (the Demiurge), the existence of
eternal, archetypal ideas
the exemplary causes of all creatures, which
God, in creating the universe, took as His model. Aristotle has a truer
concept of the Divinity. For him, it is God who is the ultimate exemplar
not give things
mitted, side
of
all
still
all
their being, but only a determinate
side with
creatures. Yet, because of his belief in eternal matter, Aristotle
far
made
by
all
from the Christian concept of
things out of nothing.
creation, according to
which
is
God
Aristotle
all
[35
III.
Juim an associations,
Man
village.
realize s,
in duding_the family, the
household, the
himse lf totally-in the poli ti GaJ-ofgamzation.
Yes,
man
tends to live rationally,_tp Jive morally, to live happily;
but onftrjn social
much
and
political Ufe
so, Aristotle says, th at
happy insofar as he
man
can he attain
is
this goal.
t ruly j-ational,
moral
So
and
a political being.
is
POLITICAL WRITINGS
Aristotle's writings fall into three general classes.
The
exoteric
works, intended for the general public, are dialogues from the
Academic period and were published by the author himself. The
compilations, parts of which were published either by Aristotle or
his disciples, are collections of scientific data and historical facts
and documents meant to serve as research materials at the Lyceum. 2 The esoteric writings originated in the school and were
intended for the initiated
a select group of disciples and friends.
While only fragments of the works of the first and second groups
have reached
us, fortunately those of the third, chiefly the Aris-
totelian production of the
though not
Lyceum
entirety
all in their
and
period, have been preserved,
original form.
THE POLITICS
The
treatise called Politics,
to the last category. It
itself to
is
work
a discussion of politics, belongs
in eight
books that hardly lends
book and at times in each
view expressed by the author are but steps
a clear-cut division, for in each
chapter, the points of
in the searching process of his
and not infrequently
mind, often only loosely connected
However, in order to facilitate a
main features of Politics there are
work into three parts. Books I, II, and III
conflicting.
general understanding of the
reasons for dividing the
present a set of basic principles forming a general introduction
two independent theories advanced in Books IV, V, and VI,
Books VII and VIII respectively: the one practical, departing at times from the basic premises in order to meet, in the
only possible way, an imperfect situation; the other theoretical,
to the
and
in
fitting
the general principles almost perfectly.
2 Cf.
The former
deals
K. von Fritz and E. Kapp, Aristotle's Constitution of Athens and
Related Texts (New York: Hairier, 1950).
36]
Ancient Greece and
I.
Rome
with the best actual state as conditioned by the concrete historical
circumstances of Greek political life; the latter with the best possible state in a strict sense, that
conditions.
The two
is,
among men but under
only in the end they pursue but also in
In the
first
ideal
and differ not
the method they follow.
analyses are clearly distinct
construction the approach
is
empirical, that
is,
based
on experience with constant regard for existing conditions. The second construction marks a definite return to Platonic
concepts and manner for it gives but scant attention to the conprimarily
crete limitations of the human environment. Some editors have
changed the order of Politics, placing the discussion of Books VII
and VIII before that of Books IV, V, and VI. Such an arrangement, they argue, is more consistent with the logical growth and
development of Aristotle's political thought, assuming that those
more
parts of the treatise
than the
closely resembling Plato are earlier
could just as well be assumed that
rest. It
a later date that Aristotle turned
it
was not
until
more sympathetically to Plato's
is the belief of more recent
views as expressed in the Laws. This
editors
who have
restored the traditional order of Politics. 3
THE state: origin, end, nature
not
According to Aristotl e thejjnginof the state is to b e found
vn man's rnntrart hnf |rU2ftn' g natnrp "Th? ^p^p ^ ? crea-
tion of ji ature,
and
man
a poli tical animal,"
is
essentially sociaLbeing. Itis not
he can
live
and
live
wellTThus,
or household
sociation established
wants"
is
the
by nature
that
is,
misola^onT^T'in" society,
ma n's
reasonicuLariy_fQnn_p^^
The family
first
an
that
so cial instinct_is_the true
communal nucleus
state.
"the as-
for the supply of men's everyday
consisting of various relationships
the relation between
master and jrta^e^jnjm_jmdwife, parent and child, property and
3 Cf.
A History of Greek Political Thought (London:
Paul, 1951), p. 237.
T. A. Sinclair,
Routledge
& Kegan
4 Politics
i.
2.
from Aristotle's
The Basic Works of
Selections
translation of B. Jowett in
(New York: Random House,
Politics are taken
Aristotle, ed.
by R.
from the
McKeon
1941).
5 Ibid.
rule
For Aristotle slavery is a natural institution. "For that some should
and others be ruled is a thing not only necessary, but expedient; from
Aristotle
[37
III.
domestic economy.
more complex community,
the village
association of several families aiming at something
is
more than
supply of material needs, satisfying, to some degree at
least,
an
the
those
demands whose fulfillment is beyond the power
"when several villages are united in a single
complete community, large enough to be nearly or quite self7
This, "the highest of
sufficing, the state comes into existence."
embraces all the rest, aims at good in a
all [communities]
greater degree than any other, and at the highest good." 8 In^it,
and_pnly in it, are man's physical and spiritual exigencies fully
social
and
cultural
of the family. Finally,
met, his et hical virtues completely de velopedTTrTit
himself wholly, thus
fulfilling his true
nature and
man
realizes
f unct ion
as a
So much^soTEaT^'he who by nature is without a
bad man (the worst of all animals) or above
humanity " 9 Phi1n<;npliy-dpp*-^l euen COnsftfe] nrh a monstrous
outcastrAjistotle's doctrine has no room for the man "in the state
of nature" later envisioned by Hobbes, Locke, and Rousseau, or
human
being.
state is either a
for their belief that the state
result of
As
is
human
exclusively a
creation, the
an agreement.
A ristotle
previously explained,
and form inherent
cepts of matter
applies to the
s tate
the con-
in ev ery organism: the matter
beingthe individual angjnjncjr^, associations; and the form, the
politicaPsociety.
Consequently, the state
the hour of their birth,
rule." (Politics
i.
5.) It
some
is
is
and
the
marked out for
in virtue of this duality
constitution of the universe
men
are
destination,
the
subjection, others for
(which originated in the
exists in all living creatures)
"that
some
are by nature free, and others slave, and that for these latter slavery
both expedient and right."
many
(Ibid.)
Aristotle
admitted, however,
that
of the actual slaves in his time were slaves by law, not by nature.
This he could not approve. For him slavery was based on moral and intellectual
He
superiority, not
freely
on conquest,
utility,
lust,
or social convention.
conceded that "some are slaves everywhere, others nowhere"
(Ibid. 6.).
7 Politics
8 Ibid.
i.
2.
In reality, the goal of the state is not the highest good, for
the state aims at the common temporal well-being of the citizens, a limited
good to be realized on earth. Man's highest good is something or Someone transcending earthly life, and the Church (as is known from divine
revelation)
1.
is
the
society
journey to the eternal goal.
Ibid. 2.
concerned with guiding
man
in
his
spiritual
Rome
mo ve
al-
though"TnTim^~sTTcceeding the individuaLTthe family, and the
vil-
38]
I.
Ancient Greece and
consummation, the end toward which
by nature prior
lage, is ideally
necessity prior to the part."
all
other bonds
them "since the whole
to
of
is
10
not easy to classify Aristotle's view according to modern
It is
terminology.
Was he
for the organismic theory,
state a living organism,
an actual
which makes the
living being, or for the organic,
corporate theory, which sees the state as a moral unity, brought
about by a partnership of
part of
ways
its
wills
members?
individual
and
and purposes on the
say. St. Thomas, al-
interests
It is
hard to
conciliatory, tried to explain Aristotle in a sense compatible
with reason and Christian revelation. Others, however,
rate, there is
fail to find
such an optimistic interpretation. At any
sufficient justification for
no doubt that
Aristotle's theory
is
in direct contrast
of the state ad-
with the rnechamsjtic_aniijndividuai[s^
vancegLby_theJSophists an d-^^viveiiJn^j^c^nJLiil^sTb^Tmany potoicji!_writefSr-~
JUSTICE, FRIENDSHIP, GOOD WILL
Arist otle's state
internal,
and
is
moral
is
based _on_|usticej_ universal jus tice, that
nobility, righteousness or virtue in its
p^xjicjilaLJasiice, both
the
bond
of
m en
is,
broad sense;
coimmitatSeZaraljd^^
in states. Ij^cj3nsists-4n.a. right relationship
with_jithex^e^^ml^ajjai_pexsons= ^sb^rjn^_the^ame,.m.anner of
life^Jlis nojL&eJtranscende nt justice of Plat q^ but a justice
nent ^man^s_reason.
It is
not to be
left to
imma-
the discretion of any
one individual, for in most cases this would entail too great a
It is a justice to be embodied and expressed in law.
goodj>tate_must _.akaxestiDiLfriendship and good
will.
risk.
Aris-
Nicomachean TZthics (Books
VIII and IX). "Ppgndshifj whirh cQnsjsjsJna voluntary interchange of senace^^ndepend o nt-oLJe^aJprescriptions, is a most
necessarx-an4- noble viituc. It-a^ds-4o2ejooariess and happiness
totle discusses these at length in his
of the city's mejbers-^r^g41~as-lfi
its
unity and strength. It
ripe fruil^^a4-^eHrighest-an4festatiQn_of justice. It
worthjiyjng.
10 Ibid,
No
solitary
man
is
is
the
makes
life
supremely happy, for "no one
Aristotle
[39
III.
would choose the whole world on condition of being alone." u
Again, it is "better to spend his days with friends and good men
12
Man therefore
than with strangers or any chance persons."
needs virtuous friends with whom to rejoice and grieve as well as
to share in discussion and thought and good deeds. "This is what
living together would seem to mean in the case of man, and not, as
13
Such is the
in the case of cattle, feeding in the same place."
friendship and resultant mutual good will that should permeate
a community, a
the whole city so as to make it a true koinonia
partnership of free, virtuous, happy men. In his obsession with
unity, Plat o had disregarded man's need jor natural affection and
fellow-feeling.
all,
A ristotle
s hould
the state
argues strongly for
make
it
possib le for
life
fulfillment.
to live well
And
ford. himTEelsatisI^
family
its
man
a nd an adequate circle of
good
this
After
and
af-
Requires
fr iends.
THE CITIZEN
Having reached the conclusion that the stat e is a na tural community, the high e st of all communitie s, based__on_ justice, friendship, and good w fil^Aris totle adds that a state is a communit y of
To
citiz ens.
new
explain this
tempts the definition of a
qualification,
citizen.
cause he lives in a certain place,"
"A
14
he immediately
at-
citizen is not a citizen be-
otherwise the resident alien
and the slave would also be citizens. Nor is one a citizen merely
because he possesses certain legal rights such as resident aliens
might enjoy or children born of citizen parents and old men relieved of state duties do.
Nor does freedom
at least in the best state, for free
work
alone
make
the citizen,
persons so taken up with their
that they lack time or skill for state offices should be barred
from
citizenship. The citizen in the s trictes t se-mp is one,
shares in the administra tion of justic eandJrj_offices " 15 one
J
"who
"wh o
has the~power to taKe~part in th e deliberative or judicial admin7
istration
of the state.
11
Nicomachean Ethics ix. 9. Selections from the Nicomachean Ethics
from the translation of W. D. Ross in The Basic Works of
Aristotle, ed. by R. McKeon (New York: Random House, 1941).
are taken
12 Ibid.
^Politics
is Ibid.
13 ibid.
iii.
1.
15 ibid.
40]
I.
Ancient Greece and
Rome
THE CONSTITUTION
The
soul of the state,
its
own
vivifying principle,
is
the con-
stitutiorTor poUIeiu=^te arrangement of nragistraeies in a state,
17
Such a disposition of the polls,
especially of the highest of all."
permeating and influencing the whole body politic much more
deeply than what we call a constitution today, determines the
character^ the
state in
way
such a
tb a t a change*, \n pnUtttia
is
tantamou nt to a change in iden tity. "When the form of the government changes, and become? different, then ... the state is no
longer the same." 18 But how is the nature of the constitution to be
discovered so that one may know when the state changes? Aristotle's ans wer is that the nature of the poiiteia is determined by
"The constitution is in fact
The moral viewj^jmrLthe motivations of the
the charact er of -the-governing class.
the government."
19
person or persons in power7 his_o r their poli tical and economic
outlookTlnevitably provTde^t he mold for the constitution. Thus,
the primary classification of states coincides, with the classification
of constitutions; these in turn are condit ioned
those~ yho~exerci se the
by the character of
supreme authority.
CLASSIFICATION OF CONSTITUTIONS
As
from the
good and the bad.
to constitutions in particular, Aristotle departs
old criteria for discriminating between the
Governments which have a regard
to the
common
interest are con-
accordance with strict principles of justice, and are therefore true forms; but those which regard only the interest of the rulers
are all defective and perverted forms, for they are despotic, whereas a
state is a community of freemen. 20
stituted in
In considering their number and nature, Aristotle uses the old
schemata and most of the old names: kmgsMrvaxislociacy, polity
(a genuine democracy); tyr anny, oliga rchy, democracy (a false
democracy). But here his dependence on predecessors ceases. It
becomes evident that he is not concerned with a numerical basis
but with a qualitative concept, and for practical purposes he limits
^ Ibid.
6.
19 Ibid. 6.
18 Ibid. 3.
20 Ibid.
Aristotle
[41
III.
democracy, and tyranny.
his classification to aristocracy, oligarchy,
A ristocracy^ Jhe
only objectively goo d constitution,
of the_outstaiidingy--^#--ftrie in
Llie
few or jnany_as_the-ease^rrray be, exercised for the best
the commirnjty^^irifeffl^
tial rights
for wealth
and
The
nobility. It
latter,
the governors uncontrolled
little
interests of
on merit.
include monarchy.
also
the rule of the rich or the nobles, with preferen-
is
tional) or extreme.
ment,
the rule
citizens,
privileges solely
Thus understood, aristocracy would
Oligarchy
is
haudsef~ the best
may be moderate
wherein
by law,
is
(constitu-
offices are hereditary
and
a very bad form of govern-
better than tyranny.
Democracy
is
the rule of the
citizens, neither rich
demos (a
particular group of
nor virtuous, the lower class), government by
and uneducated multitude for their own benefit. They beand the will of the majority. There are
the poor
lieve in liberty, equality,
many
varieties of democracies.
The
distinguishing feature
is
re-
spect or lack of respect for law. There are democracies in which
the law
But
if
is
supreme, and they are constitutional though imperfect.
offices are
open
to
all
and the multitude rather than law
supreme, then extreme democracy results
the rule of the
mercy of demagogues. This form of government
the
bad.
It is little better
Tyranny
is
is
mob
is
at
definitely
than extreme oligarchy.
the lawless rule of one usually over unwilling sub-
jects. It relies solely
on
force. It
is
the worst of
all
forms of gov-
ernment.
In keeping with his criterion for judging actual constitutions,
Aristotle admits that even the objectively imperfect forms, such as
moderate oligarchy and constitutional democracy, may be the
right ones under existing conditions, when they are best suited to
the character and needs and conditions of a particular people.
States and peoples may be diseased, Aristotle the scientist seems
to imply; and just as a physician must at times be satisfied, jaute
de mieux, with a sickly patient, so the statesman must make the
best of even a perverted type of constitution.
Aristotle admits also that these various constitutions, however-
by no means static. The political tendency
and the factors on which emphasis is placed often
affect and modify the actual constitution, rendering, for instance,
a democracy less democratic, an oligarchy less oligarchic.
valid in themselves, are
of the citizens
42]
I.
Ancient Greece and
Rome
THE BEST ACTUAL STATE
Greece of his day, Aristotle f avored_a_mixed constitution, a combination of the democratic and
oligarchic, a mean between^ both extre mes, a synthesis or conciliation ot the two warnngclasses. This fusion of various element^^'eaithjmd liberty, privileges andjggu ality he jerms pol-
For the
social conditions of the
ity
(a form of government not to be confused with the correct
kiSToFdemocracy,
also called polity). It leaves to the
m ajority
the jiecis inn on laws a n d g eneral policies ^"^ eateasts the- administratioa_ojL4uibfe- affairs to the \vcakhy-^rid'lh^re~competent few.
The backbone of this, the j^yjggpgf- b pgt Rt7|tf> fof-Heflasris the
middle class, intermediate betw een thft very rich and the ver-y poor.
It is this class,
moderate and law abiding, not envious and not
command a ngjjo obey, that adlLafford the
envi ed, able both to
state stability^
In his constant attention to actual conditions, Aristotle re-
marks that even so
may
typical a state
not be the most practi-
cable in every situation. Yet the general principle he has thus far
insisted
upon
still
revolutions:
Aristotle's
"The more perfect the admixture of
more lasting will be the constitution." 21
obtains:
the political elements, the
how to
concern for the
permanenc e
to emphasize
avoid
them
stability of constitutions leads
at the
expens e of quality.
He
him
seems to
imply that any change, even a chan ge for thlT^etter^JsJXLbe carefull y
avoided, "aQImii^rieasT
At
point he embarks on a
this
They have many
These vary according to the form of government against
which revolutions are directed. But frequently they are reducible
to one: class war resultin g from the desire for equality or the desire for in^uallty
lengthy, masterful survey of political revolutions.
causes.
Men
think that they are equal to others
selves; or
they have not
more but
the
same or
feriors revolt in order that they
may
who have more
than their inferiors. ... Inbe equal, and equals that they
less
may
be superior. 22
21 Ibid. iv.
than them-
conceiving themselves to be superior they think that
12.
22 ibid,
2.
Aristotle
[43
III.
There are also many ways to check rebellion. First of all, the
must be alert to spot incipient discontent and con-
true statesman
23
In_addition,jthe spirit
tention, to discern "the beginning of evil."
of obedience toJajy_jimsiube- jealously, maintained, particularly in
whole and the all "are made up of littles"; 24
the rulers should be on good terms with everyone, never maltreating, always dealing with one another and their fellow-citizens in a
spirit of equality. Because "men are easily spoilt [and] not every
one can bear prosperity," 25 the exaggerated increase of any citismall~niatterT, for the
not to be allowed. "Especially should the laws provide
against any one having too much power, whether derived from
zen
is
friends or
money;
if
he has, he should be sent clean out of the
country." 26
As
to rebellions against tyrannies, they^jareJicewed-Ghiefiy-in
hatr ed and
contem pt. The tyrant has two ways
to
guard against
them. The^ttaditienal method, aimed at making the peopl e unable t o revolt, consists in sowin g distrust am^ng the subjects, in
sp^gonjhek activities, ill laking away their power; in waging
war to keep them occ u pied nr d always in nrr o f a leader, in
humbling them f or fee spmtnafly broken will not conspire. The
rl
second_rneiliQ4,
o be advocated againl)jH^achiavelEpwould ren-
lerthe rule of a tyra nt more similar to a king's tojnake the subjects unwilling to revolt. Power, strong axid_cancentrated. is the
oun^atioiroftyranny whether the people like him or not,
must never relinquish it. However, he should act or
appear as a good ruler. The benevolent dictator should pretend a
care of the public revenues, be wary of wasting money on favorites, strangers, and artists; appear dignified; inspire respect rather
very
the tyrant
than fear; maintain the character of a great soldier; avoid offending against the modesty of the young; check the insolence of the
women
of his family. If he indulges in pleasures, let
him
at least
not parade his vices before the world. Finally, he must adorn and
improve the
city
and appear especially earnest
in the perform-
ance of his religious duties.
At
the end of this
list
of
somber advice on how
ism a going concern, Aristotle warns that there
23 Ibid. 8.
25 ibid.
26 Ibid. Aristotle
24
is
is
to
keep despot-
really
no way
to
ind.
referring to ostracism, the temporary banishment
of a citizen, a policy in use in
some Greek
city-states.
44]
kill
I.
Ancient Greece and
Rome
the spirit of freedom in men, and soberly notes that of
litical
forms no other has so short a
all
po-
as tyranny.
life
THE IDEAL STATE
In his fragmentary and unfinished sketch of the ideal
Aristotle freely delineates a polls that
is
Books
more imaginary than
zation of the basic principles set forth in
Though
his Politics.
a state
state,
the closest possible realiI,
II,
and
III of
real, it is still in
the realm of the attainable.
Its constitutio n
must be royalty or at least ari stocracy. If there
ajHnjwisdom, he is entitlecLto rule.
If he rules, he is not to be restrained by law. Like Plato's philosopher-king, he mustjoot be boun^tgJheJBrocrustean-bed .of legal
is
a pe7fect ~man,
s urpassing
He i s to govern according to his discretion.
Conceding the practical impossibility of finding such a man,
Aristotle considers pure aristocracythe- second best constitution
for his ideal state. Thisjsjhe-r-ule- of truly good, c ompetent men,
based -aot nn hirth or wealth but orr v irtu e al onef it is still a
prejcriptipjis.
law^-"ATto size, hejj bserves
that a_jtatejs gre at not
when
An
rule of
ulous, but
it
fun ctions well.
hardly be reduced to order, for in
best state
is
moderate in
size,
it
when
i t is
pop-
overpopulated state can
law
is
ineffective.
Hence
the
neither extremely small nor extrava-
gantly large. Its citizens must be sufficient to insure independence
of
life,
yet not so
numerous
as to prevent their
knowing one an-
other and forming a compact and harmonious body.
As
must be of a type
produce of every
It must be
large enough for them "to live at once temperately and liberally
in the enjoyment of leisure," 27 and of such a form that it would
be "difficult of access to the enemy, and easy of egress to the into the land,
it
kind so as to render the inhabitants
to yield
self-sufficient.
habitant." 2S
As to location, the state should communicate with, both the
land a nd the sea for c ommercial and military advantages. It must
be well supplied with pure water.
As to th e-xitizens, they must-be-of-the Hellenic race, for the
Greeks, due^J&HfrelrHnteTmedtate posMefl-4rH7rjth~Terfitory and
character,
combine TheTove for~?reeamn-llrie northempeoples of
27 Ibid. viii. 5.
28 ibid.
Aristotle
Europe with
pectedly adds
state, [it]
man
[45
III.
the^clgyerjisss of the Asiatics^ And Aristotle unex"If
it
[the
would be able
of high intellectual
Greek nation] could be formed into one
29
Since a citizen is a
to rule the world."
and moral standards,
sensitive to beauty
and able to enjoy knowledge, true citizens in the strictest sense
can only be those who belong to the military class (citizens in
their younger years) and the deliberative and judicial classes
(citizens in their more mature years), or those discharging priestly
duties (citizens too old for other responsibilities). Artisans, laborers,
and farmers cannot be
incom-
citizens. Either their lives are
work does not allow them the leisure
virtue requires. But they, like the slaves, are most certainly indispensable elements of the state, for the tasks they perform, however
patible with virtue or their
servile
and menial, are nevertheless
The
m ost
essential.
important function of the ideal state
is
the educa-
make them good both
city. It teaches them how
tion of the citizens^ Jtsjrarpose Js J:q
individuals
rule
and
members
as
and tow~To~obe y;. Education covers
feature of the citizen's
is
of the
thirty-seven, for
women,
ter); his family life
adultery
is
life:
(the
his
eighteen; the proper season
number
of children
is
and
men
is
the win-
limited
by law;
severely punished); and so on. Aristotle pays special
attention to the rearing of children:
posed^and
in detail every facet
marriage (the proper age for
as
to
left to die;
the crippled should be ex-
the healthy accustomed to the cold from
harden them for military service. Their trainprogram Jn state schools (since education is the affair of the
state) has Tour branches: rea_di ng and writi ng, gymnastics, music,
and the art^of^design. Music, particularly, is taught for higher
their early years~to
ing
valtierThan^ractical
utility. It relaxes, it promotes the rational
enjoyment of leisure, it ennobles the soul of the future citizen.
But children should not be taught music to acquire virtuosity or
to take part in public performances. In fact,
should play and sing only in private, for his
enjoyment.
even the adult
own and
citizen
his friends'
PLATO AND ARISTOTLE
There are many
of vision
lbid.
similarities in Plato and Aristotle. Their range
was circumscribed by the Greek horizon. Their world
7.
46]
I.
Ancient Greece and
Rome
was compressed within the confines of Hellas. Out side the G reek
pale there was n o salvation.^BoJh re garded-the-ciiy-statev moderate m~the number of it s inhabitan ts and the size of its ter ritory,
as the non plus /traJn_^olitical_^rganization. Both viewed with
dismay and ala rmlhe polkj cinnstaMlty^Mlnoral^o^ption of
the Greek city-states andTound in~education fe e principal rem edy
forJhesgleYils. Both placed virtue at the apex of man's individual
and collective life. Both strongly believed in the ethical purpose oi
man and the state. Both (but particularly Plato) took the So4
cratic view of knowledge as an active element, an intellectual light\
as well as a mover of the will, an unfailing guide to action. To\
know the truth and act accordingly was for them one and the \
same thing. Both believed in the essential inequality of mankind. /
A few were able to live the good life proper to men; the many
were hopelessly doomed to a subhuman existence, without knowledge, virtue, leisure. Slavery was a natural institution. Some are
born free; some are born slaves: it was as simple as that. Even
among free men, only a small number were to enjoy the brilliance and delights of the spirit; the rest had to be content with
manual work and servile tasks. Hence, for all practical purposes,
Aristotle and Plato restricted citizenship to a minority, at least
in their ideal state.
Just as
many
are their divergences. Plato
dogmatist, an extremist.
away, on his
and
own
terms.
limitations. Plato
of his principles.
He
was an
idealist,
He wanted to change the world right
He was impatient with man's weaknesses
had not the
slightest
doubt about the validity
did not need the test of reality. If reality
did not conform to them,
let it
be changed.
If
men
did not suit his
them be dehumanized.
Aristotle was not interested in ideal politics. He was a scien-r
tist, a statesman. At times one would call him a relativist. H9
looked at the world around him, he gathered facts, he deduced
principles from them, he studied actual conditions, he respected
earthly limitations, he relied on "the experience of ages," 30 he
read possibilities for good in the imperfect and vice versa, and he
ideal city, let
understood the necessity of adaptation, adjustment, compromise.
Virtue for him was the mean between two extremes. Aristotle had',
his
to
own ideal, but he was fully if painfully aware that what ought
be was at times unrealizable. More often than not, one must
30 Ibid.
ii.
5.
Aristotle
[47
III.
minor
and demigods.
resign himself to a
for angels
for
evil. Plato's city is laid in
Aristotle's city
on
is
heaven.
It is
terra firma. It
is
men.
Plato had no use fojheJamily_,and. family
noflidvocliteHram^
life.
True, he did
rigorist;
he restricted almost m!oTe7ably^the_sex_relations of married people.
ButTnarriage among the true men and true citizens of his Republic had ~one~~purpo~se: to procreate children for the state. Love,
companionship, the joy of a home, the bond between parents and
between these and their children Plato sacrificed for what he called
justice in the individual
lentlessly,
and
he pursued the unity of the
the deepest
human
state at
needs.
Aristotle defended the opposite view.
a unity in diversity.
damental
The family
cell of the state,
whole. Family
life,
demand
On
for friendship
attain their share of happiness.
its
The
state is a plurality,
a natural institution, the fun-
a beneficial, irreplaceable unit in the
his happiness and, consequently,
ness to
is
love for one's wife and children, do not de-
stroy the unity of the state.
instinctive
and rethe expense of even
in the city. Singlemindedly
the contrary,
and
make him
Why
by meeting man's
affection, they contribute to
willing to help others
the state should deny happi-
"And
if
allowed
it
best citizens Aristotle could not understand.
the guardians are not happy,
who
are?"
31
Pla to was also suspicious of p rivate property.
to those third-class citizens for
whom
itjiTjhR^fjIdiprs and guardians
To
he had
little
this Aristotle
He
use and denied
objected sharply.
Abolition of private property would neitherJoster-unity nor elimi-
na te" dissens ionj_j~would multiply agents and bureaucrats, thus!
causing laziness and disorder. It would remove a powerful in-]
centive to
friends
it
is
work
as well as the opportunity of being of service to
and men
love to be generous, to give freely. Again, since
natural to have private property,
highest natural institution, deny
its
why
should the
state, the
citizens the fulfillment of this
basic instinct, the pleasure of feeling a thing as their
own? Arisaccompany a system of private
property; but he pointedly added that these derive from the manner in which property is used, not from private ownership itself.
Not common property but man's moral reform is the cure.
Aristotle and Plato disagree about the role of women. Plato
totle well
si Ibid.
knew
that evils often
48]
I.
Ancient Greece and
Rome
was a feminist of a sort. He wanted the highest offices of statesmanship open equally to meritorious men and women. He extended to women even the most exacting duties of warfare. He
recognized sex distinction only in regard to the procreation and
rearing of children. Not so Aristotle: "The male is by nature su32
Men command, women obey.
perior, and the female inferior."
He repeated approvingly the poet's words: "Silence is a woman's
glory," and added explicitly that while women have the deliberative faculty, they are nevertheless
cated the equality
pathy for them as
without authority.
is
feel
the
concerned solely with the unity of the
solidarity
One may
more commendable. But when he advoof women Plato was not inspired by any symsuch. He was blind to them. As always, he was
that Plato's opinion
he refused to
women
state,
and
to safeguard
its
the fulfillment of their strongest
love for and of their children. Aristotle, while seemmore primitive and less appreciative, at least recognized
woman's mission in the family and granted her the affection of
her husband and her children.
natural urge
ingly
SELECTED BIBLIOGRAPHY
*
Aristotle. The Constitution of Athens and Related Texts. New
York: Hafner, 1950.
Ethics I, Politics I. Chicago: Gateway Books, 1954.
Aristotle's Politics and Poetics. Trans, by B. Jowett (Politics) and
T. Twining (Poetics). New York: Viking Compass Books, 1957
(Cleveland, 1952).
The Basic Works of Aristotle. Ed. by R. McKeon. New York:
Random House, 1941.
The Politics of Aristotle. Trans, with an Introduction, Notes and Appendixes by Sir Ernest Barker. Oxford: Clarendon Press, 1946.
.
Barker, E. The
Russell
&
Political
Thought of Plato and
Aristotle.
New
York:
Russell, 1959.
Hildebrand, D. von.
"Aristotle: Ethics,
Great Books. Ed. by H. Gardiner.
Books
New
II, IV and VI," The
York: Devin-Adair,
1950, Vol. II, pp. 51-57.
Jaeger, W. Aristotle: Fundamentals of the History of His Development. Trans, by R. Robinson. Oxford: Clarendon Press, 1948.
32 ibid.
i.
5.
Aristotle
Rommen, H.
III.
[49
"Aristotle: Politics, Books III-V," The Great Books.
York: Devin- Adair, 1951, Vol. Ill, pp. 22-29.
Ross, W. D. Aristotle. 5th ed. rev. London: Methuen, 1953.
Schwarz, B. V. "Aristotle: Politics, Book I," The Great Books.
Ed. by H. Gardiner. New York: Devin-Adair, 1949, Vol. I,
New
pp. 28-32.
chapter
iv
Cicero
LIFE
CICERO
was born in Arpinum, a town sixty miles southeast
in 106 B.C. His well-to-do family kept a house in
Rome also, and Cicero spent his boyhood partly in the country
home and partly in the great city that was then the capital and
of
Rome,
mistress of the world.
Cicero's poor health was compensated by an exceptionally keen
mind and an impassioned will to succeed. He studied Latin and
Greek literature, philosophy, rhetoric, and law under eminent
teachers both in Rome and abroad. When he was twenty-five he
made
his first
drew the
appearance at the bar. His speeches immediately
They brought upon him,
one instance, the disfavor of the dictator Sulla. It
may well have been in search of a safer place that Cicero left
Rome about 80 B.C. For two or three years he traveled in Greece
and Asia Minor, giving himself to a further study of philosophy
at Athens and oratory at Rhodes. It was on this island that he
met the famous philosopher Posidonius, representative of the Middle Stoa. Returning to Rome in 77 B.C., he married the rich and
domineering Terentia.
attention of his fellow citizens.
too, at least in
Cicero's political career began two years later with his appoint-
ment
as quaestor in Sicily, in
which capacity he proved himself
Cicero IV.
[51
an honest and efficient civil servant. Back in Rome in 70 B.C.,
Cicero successfully prosecuted Verres for maladministration as
and was elected aedile. In 67 B.C. he was elected
64 consul as the candidate of the senatorial party.
His defeated rival, who had been backed by the radical wing of
the democratic party, was the noble but reckless Catiline, whom
governor of
praetor,
Sicily
and
in
Cicero, while serving his term as consul in 63, vigorously de-
famous orations, charging him with plotting
nounced
in his
seize the
government. Catiline eventually died in battle but some
of his fellow conspirators were summarily executed
to
by order of
Cicero.
Many
applauded Cicero's bold action, but others, particularly
him of not having observed
a certain Publius Clodius, accused
due process of law in ordering the immediate execution of CatiCicero looked to the nobles for help, but in vain.
For them he was a homo novus, self-made, below their class. The
line's associates.
became more precarious with the rise of Caesar, Pompey,
and Crassus (the First Triumvirate). In 58 B.C., Cicero had to
leave Rome and Italy. On his way into exile, he learned that his
beautiful home on the Palatine had been burned and his country
situation
estates confiscated.
more favorable legislation permitting it, Cicero
Rome. He was greeted warmly by his friends and adbut was still shunned by the nobles. For several unhappy
year
later,
returned to
mirers
was a party to the political quarrels of the Roman
and not always consistent in his loyalties. In 51 B.C., he
was appointed proconsul of Cilicia and was active there in war
and peace, but the assignment was not to his liking. When, seizing the first opportunity, he returned to the capital (50 B.C.),
Cicero found it in feverish preparation for the civil war between
Caesar and Pompey. In the course of ensuing events the crossing of the Rubicon in 49, the defeat of Pompey at Pharsalus in
48, Pompey's murder, and Caesar's unchallenged domination
Cicero was forced to make a few painful adjustments. At first he
avoided taking sides; then he went to Pompey's camp; only after
Pompey's defeat did he re-establish friendly relations with Caesar.
In reality, there was a sharp divergence of opinion between the
two, and when the dictator was assassinated in March of 44, Cicero did not conceal his joy at the restored liberty. He hoped great
years, Cicero
factions,
things for the democratic future of the Republic, only to observe,
52]
Ancient Greece and
I.
after a brief illusory
moment,
that "liberty
Rome
had been vindicated
but not saved; the tree of despotism had been cut but not uprooted."
At
to Cicero,
this point, the issues at stake
and
took a stand.
in those, the last
He
months of
became
absolutely clear
his
he courageously
life,
fought for the senate against Antony, and for
the restoration of constitutional government against the rule of the
despot.
The fourteen
Philippic Orations are a record of Cicero's
But Cicwas defeated
in 43 when Antony and Octavian (the later Augustus) were reconciled and, with Lepidus, formed the Second Triumvirate. As a
finest political action
and
his brilliant eloquence as well.
ero had chosen the losing side.
The
senatorial policy
price for this arrangement, Octavian consented to Antony's re-
quest that Cicero's
name be
included in the
list
of political op-
ponents to be purged. Antony's henchmen hastened to his
Formiae. There, on December
villa
43 B.C., they killed him, and
cut off his head and hands to bring them to Rome to be nailed to
the rostrum. Before proceeding to this macabre exhibition, Fulvia,
Clodius' widow and Antony's wife, put a hairpin through the
tongue of the most famous Latin orator.
at
7,
POLITICAL WRITINGS
The Republic and
years of his
life,
are the chief expression of Cicero's political
thought. These works
in part.
They
the Laws, 1 written during the last twelve
both probably
in six
books
survive only
are in dialogue form. In the Republic the garden of
129 B.C. is the scene of a conversation between
famous Roman general and statesman, Scipio Africanus the
Younger, and members of his circle, one of whom is Caius Laelius, prominent in literature and politics. In the Laws
a posthu-
Scipio's villa in
the
mous work
it is
Cicero
who
converses with his brother Quintus
and a close friend Atticus.
1 De republica was
written between 55 and 51 B.C. De legibus was
begun in 52 B.C. For many centuries only short fragments of the Republic
were thought extant, but in 1822 Angelo Mai, of the Vatican Library,
found considerable portions (imperfectly erased and fortunately still
visible)
St.
of Cicero's book in a palimpsest under the superimposed text of
Augustine's
Commentary on
the Psalms.
to one-third of the original work.
What we have today amounts
Cicero IV.
The purpose
[53
of the Republic
is
to determine the best type of
constitution, to define the duties of the statesman,
gate the principles of justice and
and to
investi-
morality basic to every political
system.
As far as can be ascertained from the fragments, the Laws is
concerned with a further analysis of justice and virtue, and a
search for a perfect code of laws. It is copiously illustrated with
Roman
references to ancient
Roman
institutions
and
from early
citations
law.
the state: definition and origin
For Cicero the_ state_.js_.jh-people's afiair.-Res publico, is the
populi, and by "people" is to_.be undeistood^nQlLeverv group
o f men in any way come^together^ but a considerable number of
men unite d_by a dual bond: thejuri dical, which i s_th_-Common
ag reement as to law, and the u tilitarian^ which is the communion
res
of interests or advantages. 2 This
is
a typically
Roman
definition,
concise and down-to-earth, a striking contrast to the lengthy and
abstruse lucubrations of the Greeks.
Cicero traces the origin of the state not so
much
to
man's
weakness as to an_in born so cia l inclina ti on. Humankind is not
solitary and its members do not live in isolation. Though men
should possess material comforts in abundance, th ey
theless
come
ment of
together in social groups. Life's purpose
th e su
in society.
The
mmum
state
bonum, the highest
is,
goodis
mu st
none-
the attain-
possible only
then, an outgrowth, a natural consequence
of man's grega rious tendencies. It did not
come
into existence of a
sudden.
It
evolved slowly through a long line of generations, each
making
its
contribution. Before the actual appearance of the state
in history,
men grouped
hold, the village.
But
this
together around the family, the house-
gradual evolution had
its
roots
and ex-
planation in the depths of man's very nature.
2 "The commonwealth, then, is the
people's affair; and the people is
not every group of men, associated in any manner, but is the coming together of a considerable number of men who are united by a common
agreement about law and rights and by the desire to participate in mutual
advantages." Republic i. 25. The selections from De republica are taken
from the translation of G. H. Sabine and
Ohio State University Press, 1929).
S. B.
Smith (Columbus, Ohio:
54]
I.
Ancient Greece and
Rome
AN INTERMEDIATE ASSOCIATION
The^jtate^^ceording-ta-CiGerQ,
ciation s",
and an
is
bu t one type-o#-man's asso-
inter mgdiate_Qpp- at that
Plato considered the
and m orals; Aristotle viewed
embodiment
ol man's social exisupreme
ultimate
and
it as the
For,
he reasserts in his
bothTdoctrines.
as
gencies. Cicero rejects
De ojficils and De natura deorum, there exist other forms of
association inclusive of and beyond the state: the society~of* states
with a colnm^h^lanUiLge^lifi__socIetv of men at large, and finally
the society of men and gods. "We must conceive of the whole universe as one commonwealth of which both gods and men are
members." 3
polis thejfinal arbiter in education
Cicem's^mphasisjs_jjmj-eason ("There
man and
is
God"
nothing better than
4
), on law ("Right
on justice ("We are born for justice" 6 ), on
the supre me dominion of God as well as on Jhe bond between
GodjmcLrnan. 7 Accordingly, he insists on un iversality and equality.
Cicero speaks of "man's fellowship and union with his fellowmen." s Plato's and Aristotle's stress__on the e s^sgjTtial inequality
reason ...
reason
is
it
exists
law"
both in
in
),
manMnd_is^wept_^ay_b y Cicero^s_reireshing a,nrl liberating
doctrine that "th e whole human_jg ce ^ s -Jiiid_jQgetiier m
unity," ^ reason "is certainly common to us all," 10 and "there is*
of
noTiumajnTenTjj of any
tain to virtue/'
race,
who,
if
he finds
a. guide,
cannot
at-
Consequently Cicero denie s that slaye rvjsa nat-
uraT institution, though he
ciple of international
justifies it to some extent on a prinlaw in virtue of which those vanquished in
war are enslaved instead of
3
Laws
tion of C.
i.
7.
Selections
killed.
from De legibus are taken from the translaMass.: The Harvard University Press,
W. Keyes (Cambridge,
1928).
4 Ibid.
5 ibid.
*lbid. 10.
7 Cicero's
concept of God, and his clear, definite idea of immortality,
human mind during the three centuries
between him and Plato. As Petrarch said of Cicero: "You would fancy
sometimes it was not a pagan philosopher but a Christian apostle . .
show
the spiritual progress of the
speaking."
*Laws
i.
10.
io Ibid. 10.
9 Ibid.
ii Ibid.
11.
Cicero IV.
[55
the state: aim and constitution
Theaim
of the Stat?, iilhfi promotion of tha-paoplft^ welfare,
which embraces, over and above the possession and enjoyment of
material goods, the_att ainm ent .and_exercise ol virtue. It follows
that the statesman's, mission is to ennoble and enrich human life.
Through the medium of the state, it becomes possible for men to
enjoy a
life
"secure
guished in virtue."
rich in wealth, great in renown, distin-
12
Political_authority
is
ess enti al to every state.
commonwealth cannot endure.
Without
the
it
This. .ajajiLarity-jriay-rest with one,
with a sele^t^Wj_jir_w4th-the-^eople-4hemselves. Patently, the
basic
racy
Torms^i^ovemme nt are the ^traditional monarchy, aristocand dem ocracy No one form is without its advantages, no
.
one without
its
deficiencies; consequently
perfect or best. Each, however,
is
no one
in particular
is
acceptable as long as th e jurid-
bond ho^d^the^eopletogethcr, and one naay be better than
another. Of the unmixed forms, Cicero__^oul4-choose monarchy
where there isjvnjtyjrf command, and love between king and subjectsrHiTabsolute preference, however, is a mixed form
a comical
bining, a balancing, a blending of the three.
I
hold
it
desirable,
first,
that there should be a
dominant and royal
element in the commonwealth; second, that some powers should be
granted and assigned to the influence of the aristocracy; and third,
that certain matters should be reserved to the people for decision
and
judgment. Such a government insures at once an element of equality,
without which the people can hardly be free, and an element of
strength. 13
This element of strength, the corollary of each individual's being*
firmly set in his proper place, guarantees the stability of the state/
and
den
mixed form of government from the danger of sudand revolution: a danger ever present in the three form:
of the simple state, making it easy for them to lapse into thei
perverted forms
tyranny, oligarchy, and ochlocracy.
Of these, the worst is tyranny. The tyrant is one
frees the
shift
who
has adopted a form of rule which is unjust and arbitrary
no creature more foul, or loathsome, or detested to gods or men can
.
12
Republic
v. 6.
13 ibid.
i.
45.
56]
I.
Though he
Ancient Greece and
Rome
image of man, the monstrous
Who can
justly give the title of human being to one who, in his dealings with
his fellow citizens and indeed with the entire human race, does not
desire the bond of a common law and the relationships involved in
be imagined.
is
formed
in the
ferocity of his character surpasses that of the wildest beasts.
civilized life? 14
Despotic rule
is
Cicero's nightmare. It so haunts
him
that he
warns even against adopting monarchy, the best of the unmixed
forms, lest
a single
The
degenerate into tyranny. Concentration of power in
it
man
dangerous and usually
is
fatal to the people's liberty.
hang over them that the king may become an
fear will always
arbitrary ruler, as generally happens. Precarious, therefore,
of a people which
single
is
the lot
dependent ... on the caprice or character of a
is
man. 15
THE ROMAN STATE
The_besj^form of governm ent (the mixed or composite form)
is
exemplified
m, the j^oman
stated
w ith
its
system_of magistrates
(the royal element), senate (the arist o^ratia_lenienlX^
and the
people (the democratic element). Plato's state was beautiful
fic-
an actuaLcxeation of the practical genius of
the Romans. They had built it, not in heaven but on earth, through
their own efforts
"by deliberation and discipline." "Our commonwealth
was the product not of one genius but of many;
it was not established within the lifetime of one man but was the
tion; Cicer o's state
is
work of
several
men
in several generations."
16
THE PRINCEPS REI PUBLICAE
But even the great Roman state (the embodiment of the ideal
was evolving. At Cicero's time it had germs of infection
and corruption as well as strong ferments and potent forces rapidly moving in new directions. It seemed in need of drastic
changes. Cicero was aware of this and, searching for the right
means to meet such an emergency, he introduced into his scheme
of government a new, puzzling figure: the rector or moderator or
state)
14 Jbid.
ii.
16 ibid.
1.
26.
is Ibid. 28.
Cicero IV.
[57
princeps rei publicae
at
the ideal statesman, the farsighted pilot
the~lieTnTqF^e_ship of
lectual qualities
wealth.
and
state,
man remarkable
He was to save
practicality.
The people were tojook
to
him
for both intel-
the
common-
for le adership
advice,
and example.
Unfortunately the passages treating of the princeps are too
short
and fragmentary. Even the most careful commentators have
not found any conclusive or satisfying answers to the
tions
about his true nature.
power? Was he
to
be the
What was
official
make
such with direct power to
many
ques-
to be the range of his
head of the
state,
endowed
as
binding decisions, or was he to
play the role of an elderly statesman drawing his indirect power
from the esteem and prestige he enjoyed among the people?
when he wrote about the
moderator rei publicae? Was he prophetically anticipating the
Augustan principate, or was he trying to provide an ideological
platform for Pompey, who in 52 had been appointed consul sine
collega? Or was Cicero merely in a nostalgic mood and did his
Again, had Cicero some one in mind
plea for the rector
mean
a return to the age of Scipio, a defense
of the rights of the optimates, the principes of the state, without
any concession to the monarchical element? Probably even Cicero
would have hesitated clearly to define his thought. Writing when a
tremendous transition was at hand, he undoubtedly understood
the need for a new type of statesman. He spoke with pathetic
longing, yet in veiled and guarded terms. The only sure thing is
that Cicero saw in the princeps a man (or several) with a historic mission. Within the framework of constitutionality he was
to apply his exceptional talent and knowledge to the problems
confronting Rome at the very moment of her spiritual and political revolution. Perhaps Cicero himself was puzzled. Perhaps he
was waiting for events to unfold before committing himself definitely.
THE SOVEREIGNTY OF LAW
The ^founda ti o n -e the
state is insiicL_and justice is
other than the acceptance^ ofjaw by
all
nothing
concerned. The polit ical
17 See Republic v. 3, 6, 7. Cicero's moderator makes one think of
Rousseau's legislator (The Social Contract, Book II, chap. 7). Of course,
the two differ greatly in
many
respects.
58]
I.
bond
is
the juridical
Ancient Greece and
bon&JIWhat, indeed,
is
a state,
Rome
if it is
not
by law?" 18 Now, law for Cicero
and
necessarily
the body of customs, written
exclusively
is not
effect
at a given time in a given
decrees, and judicial decisions in
place. Law is, primarily__and basi cally, the standarrjj^Lliy nature,
disco veredT>y reason through a study_oi^man's natural inclinat ions
mutu al service and by
partt c^IIa^ljLjJie^incJinatic^
reason applied to action. Its features are not diversity and selfish
an association of
citizens united
utiiity7T)ut unityTTianriony, reasonableness. Its J ustification is
the
Law
consentofj^majorit^^
not
is
an
abs olute value, supreme, timeless, changeless, universal. All other
laws, even the laws of
flict
with
Rome,
are valid only
if
they are not in con-
This law has an inherent, inescapable sanction of
it.
its
own: one cannot-disebey it without-den ying-his-jvefy-^ature and
becomingjess than_a_man. This law has likewise its own reward:
ultimately, it willJarjrLg-eyery man tr> virtue and all man-*cu unity
rather than paraphrase Cicero, let us read his masterly description of natural law in the third
dom, even
man
book
of the Republic.
Very selmere
in the best pages of the greatest books, has a
said so
much
so well:
There is in fact a true law namely, right reason which is in accordance with nature, applies to all men, and is unchangeable and
eternal. By its commands this law summons men to the performance
of their duties; by its prohibitions it restrains them from doing wrong.
Its commands and prohibitions always influence good men, but are
without effect upon the bad. To invalidate this law by human legislation is never morally right, nor is it permissible ever to restrict its
operation, and to annul it wholly is impossible. Neither the senate nor
the people can absolve us from our obligation to obey this law, and
it requires no Sextus Aelius to expound and interpret it. It will not
lay down one rule at Rome and another at Athens, nor will it be one
rule today and another tomorrow. But there will be one law, eternal
and unchangeable, binding at all times upon all peoples; and there will
be, as it were, one common master and ruler of men, namely God,
who is the author of this law, its interpreter, and its sponsor. The
man who will not obey it will abandon his better self, and, in denying the true nature of a man, will thereby suffer the severest of
is
Republic
i.
32.
Cicero IV.
[59
penalties, though he has escaped
call
all
the other consequences
which men
punishment. 19
For Cicero it is law a body of rules above the state and the
government and prior to them that provides the determining factor for judging the legitimacy of the state and its governmental
forms. Aristotle, insisting on the moral values inherent in each
had adopted a qualitative criterion. Cicero greatly
problem of constitutions. For him, in a sense at
least, the question was of secondary importance, a numerical one,
since all constitutions are good or tolerable so long as natural law
is sovereign. Government is only a means to determine and enforce this fundamental law. Whether government is entrusted to
one or to a few or to the many becomes a question not of principle but of prudence and expediency. The principle for Cicero
is that law must be supreme. As to the form of government, that
constitution,
simplified the
one should be chosen which,
all
things considered, affords the
state the greatest stability.
STOIC INFLUENCES
There
is
no mistaking a
Stoic influence in Cicero's philosophy.
His doctrine- on4aw7inVbelief in nranVeqnality, his vision of man-
kind as a universal family, his condemnation of slavery
all
of
denmtelyto Stoic sources. If, however, meaningor unjust generalizations are to be avoided, several remarks
these point very
less
and
qualifications are in order.
The
Stoic concepts Cicero accepts are those of the
further tempered
by
Roman common
sense.
reinstated the polis, albeit in a secondary place,
compatible with the society of
doctrines to
tius of
Roman
men
is
at large.
and considered
it
Cicero adapts these
ways, mitigating markedly, more than Panae-
Rhodes and Posidonius, the
Stoa. It
Middle Stoa
The Middle Stoa had
and
was able
rigidity
to Cicero's credit that he
severity of the
Old
to bring these hu-
manized Stoic precepts to bear on political life. He was impatient
of the narrowness of outlook common to most Stoics. Ironically
enough, these Stoics, while seeing mankind as one big family, were
shutting the individual in an ivory tower of
Ibid.
iii.
22.
proud aloofness and
60]
Ancient Greece and
I.
unconcerned
isolation.
Together with the Stoics, Cicero breaks
chains of Plato's and Aristotle's political
the
bound within
man
the suffocating limits of the city-state.
counter to the old Stoic doctrine, that
drawn
to the state
Rome
by nature
man
is
inexorably
Yet he holds,
also a political being
Moreover, Cicero insists, not
that while philosophy is good, law is better
without originality,
itself.
and that greater than the philosopher's is the mission of the statesman. "There is, indeed, nothing in which human excellence can
more nearly approximate
the divine than in the foundation of
states or in the preservation of states already
we owe Cicero
founded."
20
new
Finally,
unqualified praise for having transmitted, with re-
markable freshness and in terse terms of his own coinage, the
best of classic and Stoic political thought to the Roman jurists
and the Fathers of the Christian Church. The West is indebted to
Cicero in no small measure. It is regrettable that this debt is not
more graciously admitted.
better recognized or
SELECTED BIBLIOGRAPHY
De
republica. Trans,
by G. H. Sabine and
S. B.
Smith. Columbus,
Ohio: The Ohio State University Press, 1929.
De
legibus. Trans,
by C. W. Keyes. Cambridge, Mass.: Harvard
University Press, 1928.
Cowell,
F.
R.
Cicero
and
the
Roman
Republic.
Baltimore:
Penguin Books, 1956 (London, 1948).
Haskell, H. J. This Was Cicero. New York: Alfred A. Knopf,
1942.
20 Ibid.
i.
7. Cicero's praises
and frequent; see Republic
i.
20;
of the role of the statesman are
iii.
3, 4; v.
13.
warm
part two:
Christ
and
Christianity
chapter v
Introductory
BASIC TEACHINGS OF CHRISTIANITY
THE
colony marks
birth of Christ
in
an obscure
village of a
remote
Roman
the central fact and the highest point in man's
and the world's history. For it is Christ who gives both the human
and cosmic phenomena the sense and the direction they need,
while
He
Himself represents the greatest, unsurpassable,
final
measure of their achievement and evolution.
The pagan philosophers had spoken to limited audiences of
initiates
and, at their best, voiced only partial truths in terms
often cryptic
and ambiguous.
Christ's teaching
was simple and
men. As such,
clear in style, universal in content, addressed to all
was a message capable of completely renewing man's life in its
aspects
religious, ethical, social, and political. These
were its fundamental ideas. God is our Father who is in heaven.!
Man is a child of God, a free and immortal spirit, a sacred and inviolable person capable of and called to unlimited perfection.
God's kingdom is a kingdom of souls whose territory is the world;
it
multiple
1 According to
the calculation of the sixth-century monk Dionysius
Exiguus, Christ was born in the year 754 A.u.c. But this could not have
been, for it is certain that Herod died in 750 A.u.c, which corresponds to
the year 4 B.C. In all probability Christ
was born a
before Herod's death, in the year 6 B.C.
little less
than two years
64]
II.
Christ
and
Christianity
whose membership, open to all, depends on interior assent and
on conditions of internal purity, humility, and love; whose strength
and riches are not material but spiritual. Suffering is not a tragedy but an opportunity. Labor, even manual labor, is given a dignity it has never known. Death itself is not to be feared but welcomed as the beginning of a new and richer life. Also of extreme
importance are the obvious corollaries of these principles: not
blind fate but God's wisdom and providence rule man's destiny;
all
men
and equal, and as children of the same Father,
and so close a bond demands that each not only
(justice)
own
but that he be dealt with liberally and
are free
they are brothers
be given his
generously in a
spirit of
brotherly love (charity); in everything
the primacy belongs to the spiritual; labor and suffering are
of redemption
and
means
sanctification.
CHRISTIANITY AND THE STATE
was responsiWith Him religion~an3~politics
were sharply distinguished: "Render to Caesar the things that
are Caesar's and to God the things that are God's." 2 Not that
politics was rendered independent of religion (although in a sense
the state was declared independent of the Church), for even kings
and peoples were to obey God and God's laws. What Christ made
absolutely and definitively clear was that the state must not invade the world of religion and claim man's allegiance in the things
Concerning the social and
political issue, Christ
ble fox^seculajizing!i-feestate.
that are not Caesar's.
politics.
Goneis
Gonejsjhe-u niori
;,
Ike idcnLiflcatTon of ethics with
in t rie-person
oLQ aesar,
of the royal
no longer under the control of
the state. Obedience- taGaesar-4s no longer obedience to God. It
might happen that disobedience to Caesar is obedience to God.
an's spiritual liber ty_b ecomes compatible with social order. In
aridjhe priestly power. Religion
is
place of the
monism
of old, a duajity
Half of jnan^so to speak,
is
is
introduced into society.
freeoLfrom the secular ju risdiction,
for the ^ slate-4s-competent- -onlyin
emporal-matter s
hierarchy of
spiritual
C hrist's
The other
the sacred
Church, th e society established for man's
nejds,-4o-help-hrm-Te^^^
Matt. 22:21.
halfj_hisJbetter part,- is-entrustedJtQLanQther authority
eternal salva-
Introductory V.
tion.
And
state
[65
and Church, although they have power over man,
they exist simply to
are in reality servants:
make him
totally
happy.
Not
till
the advent of Christianity could
Roman
voluntarism
politeia.
How
when
into
could
the individual
a World-Soul?
personal existence,
man
Greek
break through the
and
which bound the ultimate Good within the
pagan society thrive on the vitality of its citizens
was caught up within a World-State or absorbed
Without any certainty about the meaning of
constant demands on individual and collective
all-enclosed system of naturalism born of
intellectualism
allegiance cannot but exhaust the positive energies of
human
nature,
and societies inevitably surrender
apathetically to sheer activism. For in the recognition that there is in
each man a final essence that is to say, an immortal soul which
only God can judge, a limit was set upon the dominion of men over
men. The prerogatives of supremacy were radically undermined. The
inviolability of the human person was declared, endowed with authentic and transcendent purposes and inalienable rights. The acknowledgment of a higher law, of which the State is not the oracle, is in
effect an immaterial power which an actual ruler or government can
be compelled to respect by the conscience of those in whom it reveals
itself. In the hierarchy of orders, political science and jurisprudence
shrank to its narrower limits and subordinate and subsidiary levels.
Law was to be born of the idea of justice not of religion. For while
Christianity provided a higher moral ingredient and purpose for law
and government, it disclaimed to be either its source or premise. The
and
consequently,
individuals
Christian faith did not absorb nor eliminate but rather preserved the
exigencies and dictates of the order of nature within the supernatural
order of grace.
Man was
liberated
from the nightmare involved in
by its own ex-
the concept of nature as a closed system, determined
clusive laws,
and of the perplexing antithesis between the spiritual
and the pagan cosmological necessitarianism.
aspiration for liberty
Christianity released the positive energies of
human
nature for the
development of a Christian polity of the City of Men which is not
the City of God but ever looks toward it for light and guidance in the
realization of a just order among men. 3
In the words of Christ and His
first
authoritative interpreters,
Peter and Paul, 4 Christianity recognizes and upholds the author3 J. F. Costanzo,
4 St. Peter: "Be
"The Graeco-Roman
subject to
every
Politeia," 155.
human
creature for God's sake,
66]
Christ
II.
ity of the state
and
Christianity
on the one hand, while on the other
it
establishes
a limit beyond which the state cannot proceed without violating
man's
spiritual liberty.
The fundamental
ideas of Christian poli-
number: (1) the recognition of state au thority as__ujdmajely_derivin g from God andjriming at the adequate
promotioji_oMhejCi]jnmcawtem^e ral good of-the-eitizens (hence
the state's au tono my in its proper domain ); (2) the limitation of
tics are,
stat e
then,
two
in
authority-within the
r ange-allotted4o-4t
aim, so thalJh^inalienable-rigfets of
jer-the-jmrsuk of
man and-the-rights
its
of Christ's
Church befuUy^espected.
EARLY CHRISTIAN WRITERS
These basic principles were explored and elaborated by early
as well as by the Fathers of
the Church. Soon, by developing logical implications, they were
Christian writers (the Apologists)
able to formulate
more or
less precise
answers to current social
and political problems and to begin discussions of other issues that
were to continue into the Middle Ages.
Writing from Africa at a time when the Church was being
cruelly persecuted, Tertullian (145-220) asserted that all kingdoms are from God and that all Christians owe obedience to the
faith. Therefore "we respect in
God, who has set them over the
nations" but "never will I call the emperor God." Tertullian emphasized another point: even though the Christians were unjustly
persecuted and though, as he somberly warned, "a single night
with a torch or two could achieve an ample vengeance," they
would never have recourse to violence, for it is forbidden them
"to repay evil by evil." 5
civil rulers
except in matters of
the emperors the ordinance of
In his Contra Celsum, Origen (185?-?254) clearly stated the
."
whether to the king as supreme, or to governors as sent through him
(I Peter 2:13-14); "We must obey God rather than men" (Acts 5:29).
St. Paul: "Let everyone be subject to the higher authorities, for there
exists no authority except from God.
Therefore he who resists the
authority resists the ordinance of God" (Rom. 13: If; see also I Tim. 3:1;
.
Titus 3:1).
5 Apology, chaps. 32, 33, and 37, in The Ante-Nicene Fathers, ed. by
Roberts and Donaldson (New York: Charles Scribner's Sons, 1926), Vol.
Ill,
pp. 43, 45.
Introductory V.
same doctrine about
for
[67
civil law.
their fellow citizens,
all
He added that Christians must pray
and more than others promote the
cause of the emperor, not, however, for worldly reasons. In general, it is their duty not to refuse any service asked of them so
long as
it
does not oppose God's law. Finally, Origen was not
mention the moral responsibility of the civil ruler. He
would be called to account not only for his own sins but also for
the sins of his people if he in any way contributed to their comafraid to
mission or spread.
St.
Following the Edict of Milan by Emperor Constantine (313),
further interpreted the Pauline principle.
Ambrose (340-397)
is not in itself an evil thing. What is wrong is the libido
dominandi, the lust for power, the desire to put it to selfish use
Authority
But
for illegitimate ends.
law
is
civil
authority
definitely limited.
is
God's
superior to every other; there are things forbidden even to
no voice and therefore
the emperor; in religious matters he has
he should carefully abstain from pressing any claim to man's
spirit-
from interference in any form.
To St. John Chrysostom (344-407), bishop of Constantinople,
Christian political thought owes a great debt for a pointed explanation of St. Paul's words and for one of the first arguments
ual allegiance and
against the so-called divine right of kings theory:
For
it
there
may
is
no power, he
be said;
am
he answers. Nor
the thing in
itself.
but of God; but
but of God.
It
it is
And
[St.
now
.
What say you?
God? This I do not say,
Paul] says, but of God.
every ruler then elected by
is
speaking about individual rulers, but about
Hence he does not
say, for there is
the thing he speaks of, and says, there
the
powers
must be noted
that be, are ordained of
is
no ruler
no power
God. G
that the Christian writers of the
first
three or
four centuries clung tenaciously to what antiquity had taught.
What
they could not otherwise reconcile with Christ's teaching
they corrected, adapted, or mitigated, discarding only what was
absolutely incompatible. Even in the unyielding and radical St.
Jerome (340-420) one detects a certain sense of satisfaction
when he can
assert that "our theories
agree with the [ancient]
philosophers" and "the Stoics agree on most points with our
Homily XXIII on the Epistle of St. Paul to the Romans, quoted by
Mcllwain, The Growth of Political Thought
pp. 152f.
.
68]
II.
dogma."
Christ
and
Christianity
Indeed, Christianity (which did not demolish the
Roman*
temples or level the arches and forums to the ground) retained
the best features of Greek classical thought, the Stoic concepts of
the universality of law
ciples of the
Roman
and the equality of men, and most prin-\
Yet Christianity always man-
legal system.
aged to see the old theories in a
it
were, a
God
is
new dimension,
the measure of
new
perspective, to give them, as
new meaning
to inject a
Ma n's
all things.
duty
first
own
state or_eyerj_Jx>_the_jam^
salus publica
is still
essarily always) the
to
do_goodJs_ even
into them.
is_ not to the
a sacred duty but
suprema
lex.
bette r. ^Love,
To
no longer
know_thejtrjilh
which
soul.
The
(at least, not necis
good, but
the ancient philosophers
eyed suspiciously and even scorned as a "spiritual infirmity," becomes the deepest impulse and the positive criterion of one's life
provided its object is not the creature but the Creator. The law of
nature, universally valid, remains intact but
an"abstract rule of reason:
it
becomes
it
ceases to be merely
the^expr^ssion_i)f_a- provi-
dent Father's con cern for His beloved^hlidrenZancLthe penetrat-
ingljgEf oTReyeiation-disOvers4fl4t^ew- depths of-content. Moreover, parallel to the law of nature, another divine4aw (completely
unknown
to the ancient philosophers)
on men and kings and
God
states:
emerges, equally binding
the r^.sith^~law--premulgated
at various intervals in the ronrsp. of time.
civil
by
law that
and void. All-embracing as is
the range of divine law
neither state nor man can ever escape
its obligation
it now becomes clear that in order to be just and
valid the temporal civil law need only conform to and not necessarily be identical with it. A new and eminently dynamic relationship between temporal and eternal law is thus discovered and the
basis provided for the solution of one of the most difficult problems that had ever tortured ancient philosophers and statesmen.
For, when it was understood that justice consists not in identity
but in conformity with the eternal law, politics was at once freed
from the danger of dismal immobility and periodic upheavals.
Politics became suddenly a creative art, the science of the perfectible. It was St. Augustine who finally brought to light this excontradicts either of the
two
is
null
tremely important concept: that_an_obje^tiye_4u5tice-xojild exist
"whicJ^-Av^&-^emporalr-4ransieiit>-and--mu table " provided
it was
grounded on the eternal law, in turn "comprehensive
!)
ultimately
7
Migne, Patrologia Latina, Vol. XXIV, column 147.
Introductory V.
[69
8
of all human_exigpies~ anc^ historical contingencies";
concept
itself
thatwas and
Not
is
was already there
but the
in the inexhaustible treasure
the very core of Christian doctrine
and philosophy.
infrequently such revaluation and changes called for re-
appraisal and qualification.
forbid private property,
For
instance, Christianity does not
although
highly praises detachment
it
from worldly goods and monastic collectivism
freely
embraced
but the right use of private property, while extended to man's
and
his family's needs, is limited
neighbors,
whom
similar correction
To
it is
and
by the needs of
less fortunate
a duty to help. Other concepts underwent
clarification,
among them
justice
and peace.
these and to Christian political thought in general at the very
eve of the Middle Ages,
St.
Augustine gave eloquent and articu-
late expression.
SELECTED BIBLIOGRAPHY
Ancient Christian Writers. Ed. by Johannes Quasten,
and Walter J. Burghardt, SJ. Westminster (Md.)
J.
:
C. Plumpe,
The Newman
Press: in progress since 1946.
Fathers of the Church. Ed. by Ludwig Schopp and others.
Fathers of the Church, Inc.: in progress since 1947.
Costanzo,
J.
F. "Catholic Politeia I,"
New
York:
Fordham Law Review, XXI
(June, 1952), 91-155.
Parsons, W. "The Influence of Romans XIII on Christian Political
Thought," Theological Studies, II (September, 1941), 325-346.
Ryan, E. A. "The Rejection of Military Service by the Early Christians," Theological Studies,
8 J.
XIII (March, 1952), 1-32.
F. Costanzo, "Catholic Politeia I,"
Fordham Law Review, XXI
1952), pp. 98, 102. Anyone interested in the revolution brought
about by Christianity in the social and political field should read Costanzo's
(June,
scholarly article.
chapter
vi
St Augustine
LIFE
THE son
pagan converted to Christianity only
and of Monica, a saintly Christian woman, Aurelius Augustine was born in Tagaste, the modern
Souk-Ahras in Algeria, on November 13, 354. Monica enrolled
him among the catechumens but many years were to pass before
his baptism. It was customary in those days to postpone its reception until an adult age. Augustine attended elementary school in
his native city and continued his education in Madaura, the present Mdaourouch, until he moved to Carthage (nearly on the site
of Patricius, a
shortly before death (371),
of
modern Tunis) to study rhetoric in the fall of 370.
Augustine was then sixteen years old and his "craving
for
found an easy outlet in that semi-pagan and
licentious city. It was there that he began his relations with the
woman who bore him a son, Adeodatus, and who was to follow
hellish satisfactions"
him
until practically the eve of his conversion.
It
was
studies,
in
Carthage also
that,
while pursuing his literary
Augustine chanced upon the Hortensius of Cicero.
Its
exhortation to philosophy changed his outlook. "Suddenly, every
vain hope became worthless to
me and
yearned with unbeliev-
able ardor of heart for the immortality of wisdom."
1
Confessions
iii.
4.
Selections
from
St.
In quest of
Augustine's Confessions are
St.
Augustine VI.
[71
he directed his attention to the Bible, but "my unhealthy pride
shunned its style and my intellectual vision failed to penetrate its
inner parts." 2 He found the doctrine of the Manichaeans more
palatable and from 373 to 382 he was associated with them
though only as an auditor. Augustine had fallen "among men mad
with pride, extremely carnal and talkative." 3 Their fundamental
belief in the two eternal principles of Good and Evil, Light and
Darkness, appealed to him as a rational solution to the problem of
evil and relieved him of all personal moral responsibility.
it
me
not we who sin, but some other unknown
was a joy to my pride to be set apart from
culpability and, when I had done some evil thing ... I loved to excuse myself and accuse some other unknown being, which existed with
me and yet was not I. 4
It
seemed
to
nature within us.
that
.
it
is
It
This was indeed a far cry from the Augustine
that "evil
evil
who would
observe
but the privatio n of the good, even to the extent that
is
doesnbt
exisi_ax-all.
len he completed his studies, Augustine taught at Tagaste
and Carthage.
fill
He won
the void or
still
friends
and admirers, but they could not
the restlessness deep in his heart. His keen
mind was soon tortured by doubts about the Manichaean explanation of the problem of evil, and no one was able to help him
clarify or resolve these and other matters that troubled him considerably.
taken from the translation of V.
J.
Bourke (New York: The Fathers of
the Church, Inc., 1953).
2 Ibid. 5.
3 Ibid.
Persian
6.
who
The founder of Manichaeanism was Manes or Mani,
lived in the third century a.d.
and taught the eternal existence
of two opposite substances, light and darkness, as well as reincarnation.
4 Ibid. v. 10.
5 Ibid.
iii.
7.
Against the Manichaeans,
Christian Augustine insisted on
man's free
its
who had
divinized evil, the
negative character. Evil, a product of
has not been created or willed by God; evil
is not; it is a
God's prescience does
not destroy man's freedom and responsibility, for man's act is not performed because God has foreseen it; rather, it is foreseen by God because
man will perform it. But God, St. Augustine continues, in His infinite
goodness and power, brings good even from evil and makes everything
work for His glory and man's ultimate happiness.
will,
deprivation, a negation, a denial of that
which
is.
72]
Christ
II.
and
Christianity
of 384 Augustine proceeded to Rome. The
there
had to be closed almost immediately beopened
school he
cause many of his pupils failed to pay their fees. Seeking a new
teaching position, he asked for and obtained it in the important
city of Milan, then the residence of the Western Roman emperors.
In the
"So
summer
came
to Milan, to
Ambrose
known throughout
At Milan he was joined by
the bishop,
the world as one of the best men."
meantime a skeptical Augustine was drifting
and farther from Manichaeanism. He felt that perhaps the
Academic philosophers 7 were right in holding that one should
doubt everything, for truth is ever elusive. Plotinus and the NeoPlatonists 8 rescued him from his despair and gave him new confidence in the positive power of the human mind. Ambrose,
through public sermons and private conversations, made him
aware of the hidden riches of the Christian faith. The prayerful
Monica and his dear friend Alypius were constantly at his side,
encouraging him in his battle against the flesh. The woman he had
lived with for a good number of years had returned to Africa,
vowing to God that she would never know another man and leaving Adeodatus with him. The time was ripe for the return of the
prodigal. After several violent crises, he finally broke with his
past, and on Holy Saturday, April 25, 387, together with Adeodatus and Alypius (who was to become, in 394, the bishop of
Tagaste), he was baptized by Ambrose. Monica had at last reaped
the fruit of her many tears. She died shortly afterward at Ostia,
while waiting with Augustine to sail back to Africa.
In Africa, Augustine withdrew, with a few friends and disciples, to a secluded place near Tagaste and gave himself to
prayer and study. In 391 he was ordained a priest by Valerius,
Bishop of Hippo, a city in ancient Numidia about a mile southhis mother. In the
farther
*lbid. v. 13.
7 The Academic philosophers, such as Arcesilaus of the Middle
Academy in the third century B.C. and Carneades of Cyrene of the New
Academy in the second century B.C., agreed, against Stoic dogmatism, that
is impossible: man can prove nothing, be sure of nothing, not
even of the fact that he is certain of nothing.
8 Plotinus, born in Egypt (a.d. 203-269), is called the Father of NeoPlatonism. He believed that man, through detachment from sensory things
and a life of asceticism, can unite himself to the highest One and reach a
state of mysterious beatitude or ecstasy. His most famous disciple was
knowledge
Porphyry (232-304).
St.
Augustine VI.
west of the
[73
modern Bone in Algeria. Soon afterward he was conon Valerius' death, succeeded him. For more
secrated bishop and,
than twenty years the great bishop labored in his diocese, preaching and writing and valiantly combating heresies wherever they
appeared.
He
forcefully attacked the
Manichaeans, the Donatists, 9
and the Pelagians. 10 One cannot but marvel at the fertility of his
mind and at his almost unbelievable activity. Death put an end
to it on August 28, 430, while his beloved city was surrounded
by the Vandals.
month
later
Hippo
fell
to the barbarians.
THE CITY OF GOD
On
August 24, 410, Alaric entered Rome. After long centuunmolested supremacy the greatest of cities fell, an easy
prey to the invaders. The outrageous pillaging lasted three days
during which Christians and pagans alike took refuge in the shrines
ries of
of the martyrs
and
in the basilicas of St. Peter
on Vatican
Hill
the
and St. Paul on the Ostian Way. But when
pagans turned rabidly on the Christians, blaming them for the
catastrophe. Rome had been left unprotected because of the Christian doctrine of renunciation of the world; moreover, the gods,
betrayed by the acceptance of the new religion, had avenged
the Visigoths
left,
Rome this dreadful punishment. It
Roman and Christian, assumed the diffi-
themselves by inflicting on
was then that Augustine,
and restoring courage to
and dismayed Christians. This he did with his De
Civitate Dei, the City of God, a work divided into twenty-two
books and published in various installments between 413 and 426.
The City of God is Augustine's masterpiece. In it he goes beyond his initial purpose and plan. Broadening the defense of Christianity and the condemnation of paganism into a process and
judgment of universal history, Augustine takes a unified view of
the complex events of all ages and sees th e destiny of mankin d
cult task of refuting these accusations
the bewildered
The Donatists were
Carthage,
followers of Donatus the Great, Archbishop of
and of Donatus, Bishop of Casae Nigrae in North Africa
(fourth century A.D.). They held that heretics, being deprived of grace,
could not validly administer baptism and the other sacraments.
10 Pelagianism, sponsored by the fourth-century
British monk Pelagius,
denied the transmission of original sin to Adam's descendants and asserted
that
man
is
the author of his
own
salvation.
74]
II.
Christ
and
inextricably linkedto_the Christian religion.
his soul,
man's
Christianity
As
in the history of
Augustine read in the history of mankind ihe account of
flight
to_orJranuGod. According to this theological view,
from the contrast of two cities built and sustained
history results
by two conflictingjoves: the heave^y^gityTtii e city ot Tjod, coinpose^Ql5^ryZfderid_oJ_Go^^n^despiser ofself in~aIT places and
times, andJjie--dty-Qf-ma n, t h e wQrIdIy^^lty^ssuMJrorn_a selfish
loviTand formed by all the enemies of God, likewise in every
country and age.
THE TWO CITIES
The two
men
cities
or societies, into one or the other of which
without exception
fall,
know no
all
physical frontiers nor are
they necessarily coextensive with Church and
state.
11
On
earth,
good and bad are intermingled: they live together, they work together; and yet one city is constantly warring against the other
one dominated by a power urge and boasting of its self-sufficiency,
the other relying on God and all its members serving one another
in charity. Their "great divide"
is
in the
human
heart; their cardi-
nal distinction, wheth"eT~one looks To~e^rth~or~tolieaven as his last
end The same standard of determination is applicable to peoples
or states. To the earthly city belongs that people or state that is
heldtogejhfiiLby a .selfishJbve_an5Ise~eks excTujiy^lyjor_aFIeast preponderaiilly-JJie-acqui sition of
wojldbLgoods. To
the heavenly city
belongsJha t_people or jstate that-is-uriifi ed by a bond of love for
GodTis^Qrganized--Jof -a s upernatural end. and aspires after the
goods of heaven.
-
11 It is true that at
Augustine uses the two terms in a more
signifies.. the-jChurch and "city of man"
or "terre strial city^jneans^the' state. But in such instances the context
clearly shows that between the two (Church and state) there is no necessary and inevitable conflict. To avoid confused reading it should be kept in
mind that the term "Church" also has two senses. It may mean the spiritual agency and spiritual power instituted by Christ to apply the fruits of
His redemption. It may mean the Christian people, the multitude of the
concrete sense: "city of
times
Church members. In the
lated to the city of
principles of the
God
two are
not necessarily are
all
St.
God" then
first
sense, the
Church
(the society of
identical. In the
all
is
those
always essentially re-
who
love
God): the
second sense, not always and
Christians seekers and friends of
God.
Augustine VI.
St.
[75
St. Augustine thus introduces his theological view of the state.
Far more than a political philosopher in the narrow, definite sense
of the term, this Christian theologian casts the light of faith on the
concepts of ancient writers, keeping what
reshaping what
is
wrong.
It is interesting to
right, discarding
is
see
how he
or
proceeds.
THE STATE
First of all
Augustine defines the
state.
"A people
is
a multi-
tude of reasonable beings voluntarily associated in jhe pursuit of
common
interests." 12
St.
Augustine was constrained to modify
Cicero's definition, 13 which, though in a sense better and
more
had hardly been calculated to fit all or even most historical
states. The more realistic Augustine broadened the basis of the
ideal,
all p eoples, even those l acking justice, could be
man, he seems to say, is a man whether good or bad.
A~staTe or a people is a state or a p eople w hethex-good or bad
whetheT-uTne mbjflolJne^eav^nlyLi)r of the ear thly city. But his
definition is not by any means to be construed as eliminating or
disregarding the moral concept in his own theory of the state.
Augustine's view of the state is not circumscribed by the limits of
concept so that
included.
this definition.
This
is
As
but the beginning, the
man
first
step in a long
him a
endowed with life, reas on, and ind ividual existence and then
proceegs~tU3how "wEaT makes him good or bad, so, Augustine,
afte r defining the state in the most generic terms, goes on to distingu ish between good and_bad states.
analytical process.
a study of
begins by defining
being
THE STATE AND JUSTICE
J ustice
is
what makes-a_gaod
state.
"Ubi
justitia
non
est,
non
est respublica." 14
12 City
God
xix. 24. Selections from The City of God are taken from
D. B. Zema, G. G. Walsh and others (New York: The
Fathers of the Church, Inc., 1950).
13 "A multitude bound together by
a mutual recognition of law and
rights and a mutual co-operation for the common good." (De republica
of
the translation of
i.
25.)
14
of
"Where there
God
xix. 21.
is
no
justice, there is
no
[true]
commonwealth." City
76]
II.
Christ
and
Christianity
In the absence of justice, what
is sovereignty but organized brigandage? For, what are bands of brigands but petty kingdoms? They
also are groups of men, under the rule of a leader, bound together by
a common agreement, dividing their booty according to a settled
principle. If this band of criminals, by recruiting more criminals,
acquires enough power to occupy regions, to capture cities, and to
subdue whole populations, then it can with fuller right assume the
of kingdom, which in the
title
it,
common
estimation
is
conferred upon
not by renunciation of greed, but by the increase of impunity.
The answer which a captured pirate gave to the celebrated Alexander
the Great was perfectly accurate and correct. When that king asked
the man what he meant by infesting the sea, he boldly replied: "What
you mean by warring on the whole world. I do my fighting on a tiny
ship,
and they
they call you
But what
man's
call
me
a pirate; you do yours with a large
Commander."
is
justice? It
rela tions with
fleet,
and
15
is-
not so
muck
the-vdrtiie regulating
man; primarily and fundamentally
it
is
the
virtue regulating mar?s~relations to Godr~A~5~a~ consequence of
when itjs_rooted in Him~can justice exist as a virtue
among mehTX manj^i^a^^t^&-^^^mgISQ^^lo~^ true God
and obedience to His laws cannotbejust. The Roman state was,
this,^onIy
by
and be-
then, always a state, though not always in the sense defined
Cicero, for at certain times
come a "sink
make them
to
Rome had abandoned
of iniquity," tearing
justice
men away from God
in order
subject to dirty demons.
THE STATE AND PEACE
end of the state (and m anj_ _Aiigiistine admits of
"the calm that comes of order." 16 But then he
shafply" divides^peacelnto two kinds. There is an earthly peace
anoLthefe-4s--arheaven4y peace. One need not militate against the
other. Individuals and states may and should desire both. Unfortunately, however, there are men and states who pursue worldly
peace to the exclusion of heavenly peace. These are unjust and
As
only
to the
!L
onepeace,
belong to the earthly
Augustine thus brings into sharp focus
city.
the Cm4s4iaaJda__Qiai_the state_andjhe_state's aims are
^
no more
than jglatiyejmd siihsiriiary-Azalues^^^d^only as iong_as_they re-
main such. The
!5 Ibid. iv. 4.
really important thing is
never to lose sight of
16 ibid. xix. 13.
Augustine VI.
St.
[77
ma^VHmpernatiiral purpose and
make
to
everything work,
ulti-
matelj^jojts attainments^
Of
God
course, the City of
heaven. For this
is
subordinates
earthly peace to that of
not merely true peace, but,
speaking, for
strictly
the perfectly
any rational creature the only real peace, since it is
ordered and harmonious communion of those who find their joy in
God and in one another in God. 17
.
POLITICAL AUTHORITY
To
needs authority Without it the
impos sible. God, who willed man to
be social, willed alsothe means that make life in common useful
and benenciairTHerefore, au thority i s from G od. He is the source
nttnin
itr,
end,, civ il society
body
unity of the social
is
of all power. But, except in special cases of direct intervention,
He
alloyys_se^gndajy_causestQ^ designate. ihe-ruleiv-sudL as elec-
tion,Jiej^ditary-stteees^kmT-oTnDth^
As
no preference.
all are good
to forms of government, St. Augustine has
Mon archy,
aristocracy
ri
pm or racv
provided the rulere are good
St.
a mixed form
Augustine
lists
carefully the
qualities of the ideal rulers: they
govern with justice
remember
sovereignty as a ministry of
.
God
that they are
.
are slow to punish, quick to forgive
revenge, but only
public
men
think of
fear and love and worship
.
God
punish, not out of private
when forced by
[and] temper with
the order and security of the remercy and generosity the inevitable
hardness of their decrees. 18
CONSEQUENCE OF
Many seem
convinced that
as a consequence of sin,
clination
jo 'society
SIN?
St.
Augustine ooked upon the state
and not the
r es ult of man's natural inkuch an interpretation would imply that Au-
gustine viewed the political organization as a violation of natural
law, that man's nature not only does not call for the state but virtually rejects
17 Ibid. 17.
it,
and that the
state
somehow
mibid.
v. 24.
finds
its
justification
78]
II.
Christ
in the facijthat,men having sin ned,
ganize them against
sin.
it
and
Christianity
became necessary
Had Adam and Eve
not
to or-
then,
fallen,
wuuld have been no need whatever of a common political
association and authority.
It must be admitted that there are texts of St. Augustine that
appear to support this view. For instance, Chapter 15 of Book
thei'e
XIX
reads:
God wanted
rational
man, made
to His image, to
have no dominion
He meant no man, therefore, to have
man over beasts. So it fell out that those
except over irrational nature.
dominion over man, but only
who were
holy in primitive times became shepherds over sheep rather
than monarchs over men, because
God
wishes in this
way
to teach us
from
that which
punishment for sin has made imperative. For, when subjection came,
it was merely a condition deservedly imposed on sinful man.
that the normal hierarchy of creatures
is
different
According to others, however, a careful study of
all
pertinent
passages would point up quite a different interpretation. Augustine
mean that man's life was originally to have been apolitical
and that sin created a need for the state. He meant simply to condemn thgjiolcnt, cruel, unjust domination of the weak by the
strong, to condemn the greed and the power urge that drive men
and--grrjups~of men to found nations and empires oF to extend
did not
themj3y_JQjxe--e-tfeachery.
Though
certain of St. Augustine's
statements seem very general and all-inclusive, one must explain
them
and condemnation of most hisand during his time. Such states had been
founded, extended, and held in blood and terror. It is these Augustine disapproves and condemns, not the state in the abstract. In
fact, he unequivocally and repeatedly asserts that social organization derives from a precept o f na tural law and is-mandato rv to
in the light of his scrutiny
torical states before
prnviHp. hTrmgrT-rpings, wit h
men
Ibelripans
indisp en sa bl e to
li fe
Be-/
b onds of kinship and
friendshi p for the purp ose of attaining peace
the ultimate law ofl
all and every^ nature "By the very laws of his nature man seems]
cause
are^ social beings, they join in
so to^speak, forced into fellowship, and, as far as in
peace with every man."
19 Ibid. xix. 12.
19
But
if
him
lies,
into
man's association with other
men
St.
Augustine VI.
is
to be orderly, beneficial,
Thus the state
ensure"lmrnEej3la(2
authority.
human needs
and peaceful, there is need of law and
born born of m an's_ social inst inct to
Neither of these
that necessitate the existence of the state
is
attendant
on earth. Bothjgrecededit. They are
They would have drawnTiim, even had
AdShT and hve not disobeyed God's command and mankind not
lost original justice, into some sort of political organization, excluon the appearance of
is
[79
sin
part of man's very nature.
sive, of course,
How
of a strict coercive element.
then can the
be considered a consequence of sin when it is wholly consonant with a law the natural law made by God Himself and
pursues ends in themselves good? Slavery is always a product of
sin; some actual states are a result of sin; but not the state as
such. St. Augustine even speaks of true civil sovereignty as "a
state
ministry of
God"
vine providence.
20
and of human kingdoms
as established
by
di-
21
UNITY OF MANKIND
The political theology of St. Augustine has a solution for the
problem of international relations. Mankind's undying dream- of
world unity^rrthe pacific coexistence of all men, families, and nations^can become a realityonly_ when Christ is unanimous lyacp.pptedjW[His te3rhings^arefaithfH44y^fAl]nwp.fL--Thp. many bonds
maT~could effect unification will 4ait to keep mankind together if
the^HmiirjlEondy^
rejected. Peace is~ a gift of
God. We cannot have it without Him. As Etienne Gilson says so
wel
conceivable that a number of men, more or less large, be unified
under the domination of other men or even of one individual; however if we are striving toward the unity of all men, we must look
beyond mankind for the unifying principle. The only possible source
It is
of future unity
lies
impossible without
not in multiplicity, but above
One God and One Church.
ever timely message conveyed to
man by
St.
it.
One World
In this truth
lies
is
the
Augustine's City of
God. 2 *
lbid.
v. 24.
21 "Prorsus divina providentia regno constituuntur
22 Ibid., Foreword. The entire Foreword
humana." Ibid. 1.
by Gilson is worth reading.
80]
II.
Christ
and
Christianity
was the supreme aspiration ofjt^Augustine: that all aspectsjofjOEiaii's individual and collective life be permeated by the
love an d spirit of ChrisL-or, that all-men- ancLall states belong to
but one city-the city of God.
___._.
This,
CHURCH AND STATE
This -divine-eity- even
.
not do-aw-ay-wife-thc
Some medieval
cratic state
if
univer sally realizecLon earth, would
state-as
s ociety dis tinct
fiuui the Church.
writers argued that St. Augustine favored a theo-
and the
identification of the state with the
Church,
should ideal conditions obtain. Quite the contrary, the Bishop of
Hippo had a
clear understanding of the
two powers and
guished between them, assigning to each specific functions
distin-
to the
power, temporal interests, and to the spiritual power, those
above the order of time.
St. Augustine admitted that conflicts arise between Church and
civic
and that in extreme cases no compromise is possible. Then
Church has "no choice but to dissent
and so to become a
nuisance to those who think otherwise." 23 But ordinarily the
Church
state
the
no issue with that diversity of customs, laws, and traditions
whereby human peace is sought and maintained. Instead of nullifying
or tearing down, she preserves and appropriates whatever in the
diversities of divers races is aimed at one and the same objective of
human peace, provided only that they do not stand in the way of the
faith and worship of the one supreme and true God. 24
takes
SELECTED BIBLIOGRAPHY
The City of God. Trans. M. Dods.
Modern
Bourke, V.
Introd.
by T. Merton.
New
York:
Library, 1950.
J.
Augustine's Quest of Wisdom. Milwaukee: Bruce,
1945.
Cary-Elwes, C. Law, Liberty and Love.
1951 (Chapter on St. Augustine).
23 Ibid. xix. 17.
24 ibid.
New
York: Devin-Adair,
St.
*
Augustine VI.
[81
D'Arcy, M. C. and others. St. Augustine. New York: Meridian
Books, 1957 (New York, 1930).
Figgis, J. N. The Political Aspects of St. Augustine's "City of God."
London and New York: Longmans, Green and Co., 1921.
Versfeld, M. A Guide to "The City of God." New York: Sheed
and Ward, 1958.
part three: The Middle A ges
chapter
vii
Introductory
THE MIDDLE AGES
ANARCHY,
chaos, disintegration marked the Middle Ages
from the beginning of the sixth to the end of the tenth century. But these were also centuries of Christian penetration and
root-taking and germination. Throughout the Roman Empire, now
the home of "barbarians," Christianity was at work through its
bishops and priests and particularly the monks of St. Benedict
(480?-?550), the true educators of the West. Foremost among
the new nations they reclaimed was France. On Christmas 496,
Clovis was baptized in Rheims; on Christmas 800, Charlemagne
was crowned emperor in Rome. The eleventh and the twelfth centuries constitute the creative phase of the Middle Ages, first with
feudalism, then with the restoration of the state, finally with popular emancipation. France led again, closely followed by England,
Northern Spain, and Southern Italy. These years featured Cluny,
II
Romanesque style, the Crusades, the chansons de geste, the
medieval mysteries, the new languages, the cities, the guilds, Gregory VII, St. Peter Damian, St. Bernard, Abelard. The thirteenth
the
century saw the end product of medieval evolution. It began with
Innocent III (1198-1216), Francis of Assisi (1182-1226), and
Dominic (1170-1221).
France,
St.
It
was made glorious by St. Louis of
St. Bonaventure, Dante Alighieri,
Thomas Aquinas,
III.
86]
the cathedrals, the universities, the
The Middle Ages
summae. The fourteenth and
The medieval syn-
the fifteenth centuries brought radical changes.
thesis
was
dissolved; the Christian process of evolution broken.
by Luther, the via moderna had its formal beginning. Christendom was divided. And the society that
replaced the old was realistic and utilitarian, a society of the bourgeoisie and legists, of merchants and bankers, of absolute monarchies and sovereign nations. 1
Finally, in 1517, heralded
THE EARLY MIDDLE AGES
To
litical
trace the
thought
it
main
is
lines in the
development of medieval po-
necessary to distinguish between the early
Middle Ages (roughly from the fall of the Roman Empire of the
West in 476 to the first decades of the eleventh century) and the
late Middle Ages (from about the middle of the eleventh to the
end of the fifteenth century). The early period was dominated by
the slow confluence of three major factors (the Greco-Roman, the
Christian, the Germano-feudal) into a fairly clear body of doctrine
dealing particularly with the issues of society and state and Church,
of justice and law, of civil authority and the people in relation to
it. The late Middle Ages, while retaining and further developing
many of the previous features, was characterized by a brisker pace,
a wider range of interests, a moving in new and different directions, a gathering from new and more copious sources. Predominant, however, were one question and one struggle: the question
of Church and state relations, the struggle first between pope and
emperor, and later, more specifically, between the pope and the
French king.
CLASSIC FACTORS
During the early period the Aristotelian idea of society as natural and necessary to man was rigidly maintained. Not so, at least
in the opinion of
institution.
ganization
lessness
1
some, Aristotle's idea of the state as a natural
Gaining favor was Seneca's belief that the political or-
is
not natural but only necessary, in view of man's rest-
and concupiscence
the lasting consequences of an origi-
See J. Chevalier, Histoire de la pensee, Vol.
chretienm (Paris: Flammarion, 1956), pp. 133-141.
II,
La Pensee
Introductory VII.
nal
fall.
At
the
same
[87
time,
to be legitimate, that
is,
it
was commonly held with Cicero
that
be a legitimate means of restoring justwo essential conditions: the governed
to
a state must fulfill
must consent to the association and the rulers must govern justly.
These verified, it makes little or no difference what the form of
tice,
the
state,
monarchical,
aristocratic,
keeping with the Stoic and the
Roman
or
democratic.
mentality,
Finally,
human
in
relations
(therefore also political) were unalterably viewed in terms of law,
never in the Platonic or even Aristotelian terms of an
a law unto themselves and govern
are
wisdom
at the discretion of their superior
elite
who
according to universal
minds.
CHRISTIAN FACTORS
must be noted that in general the outlook of medieval thinkwas essentially conditioned by a common adherence to the
Christian faith, and that indisputable principles of Christian theology were invariably their first and final criteria for the acceptance
or rejection of any idea, old or new. It may be added that often
It
ers
the philosophers of this period, although conscious of the differ-
ence (primarily a difference in method) between theology and
philosophy, drew no clear distinction between the two disciplines. 2
In addition to maintaining the fuller explanation of natural
law and reaffirming the existence of a new kind of divine law
(known through Revelation), the political philosophy of the early
Middle Ages introduced a new concept of society that gave this
and the succeeding period one of their most typical features, if not
their most characteristic trait: the concept of Christian society as
one. St. Augustine, at the
had already hinted
end of one era and the
at the idea. In his City of
Christians as forming a single spiritual society,
labore
monachorum he
asserts that "the
start of another,
God he
and
regards
all
in his
De
commonwealth
of
all
"One of the main factors which brought about the drawing of a
and methodical distinction between the sciences was the introduction
of the main body of Aristotelianism to the knowledge of Christian thinkers
in the second half of the twelfth and the early part of the thirteenth
century. For acquaintance with a grand-scale philosophical system which
obviously owed nothing to the Christian religion drew their attention
sharply to the need of delimiting the two sciences in a methodical manner."
(F. Copleston, Mediaeval Philosophy [New York: Philosophical Library,
clear
1952], p. 13.)
88]
III.
Christians
is
The Middle Ages
but one." But what in Augustine's times was
still
became
vague idea and, at any rate,
true and alive during the course of the Middle Ages. Then all
Christian peoples and nations of the world, as John VIII (d. 882)
more a hope than a
reality,
proclaimed, were considered one community, for they belonged to
Rome
as to their only mother. This is the meaning
and Peter Damian's "populus christianus" the
Christian people, that is, all, wherever they may be, who profess
the Christian faith. For medieval thought the religious factor was
paramount: faith in Christ and membership in the Church were
the indispensable prerequisites for any one, person or nation, to
belong to Christendom. The society of all Christians was, however, under two governments, two authorities: one for temporal,
the other for spiritual matters; and the respective functions of
these authorities, as well as the principles regulating their mutual
relations, continued to be, at least in theory, those which Pope
Gelasius I had so comprehensively stated in 494 at a time when
the two societies (the Church and the state) had not yet given
way to one society. This is the famous Gelasian formula:
Church of
the
of Gregory VII's
He
each [power], assigning to each its
power remains far removed
from the temptations of the world, and, campaigning for God, does
[Christl divided the functions of
proper task and dignity.
The
spiritual
not mix into the affairs of the world, while on its side the secular
power takes care not to undertake the direction of divine things. By
each one resting modestly in his place, each power avoids the pride of
seizing absolute power, and thus holds a greater competence in the
things that are his own. 3
Another Christian factor that greatly influenced the
political
thought of the early Middle Ages was the idea of the divine origin
from the classical text
had nothing in common with the pagan exaltation of
the prince as voiced by Seneca and Pliny. Christians, of course,
could no longer consider the ruler a sharer in the divinity. They
of the king's power. This concept, derived
of
St.
568.
Paul,
Tractatus de anathematis vinculo, ed. by Theil (1868), Vol. I, p.
Byzantine Emperor Anastasius I, Gelasius re-
In a letter to the
same principle in the famous passage that begins: "There are
two powers, August Emperor, by which the world is chiefly ruled, the
sacred authority of the Pontiffs and the royal power." See this letter in
Church and State Through the Centuries, ed. by Ehler and Morrall (Westminster, Md.: Newman, 1954), p. 11.
affirmed the
Introductory
[89
VII.
viewed him as a vicar or a lieutenant of the true God, the representative of God's will. Again, it is obvious that this doctrine had
no relation to the divine right of kings theory in vogue in the seventeenth century. In the Middle Ages
of the king, that
was
it
the
power
One would
the political writers of the early Middle
make
office,
of divine right, not the king himself as an in-
dividual vested with civil authority.
to
was the
venture to add that
Ages did not even intend
a case in favor of the divine right of kingship as such.
For them monarchy was not, in principle, the only form of government; but as it was the rule of the day, they employed the
term "kingship" in a broad sense, as synonymous with "power"
in general rather than in the narrow and exclusive sense of "monarchy." Be that as it may, kingship as such or political power in
general was highly regarded by the writers of the early Middle
Ages and he in whom it was vested was highly extolled and revered. The reason for this was primarily the lofty purpose assigned
to civil authority. Its end, established by God, was justice. The
king's aim was to secure, to enforce, to mete out justice among
his subjects
so much so that his power was legitimate only insofar as it pursued this divinely appointed mission.
Moreover, the medieval philosophers gradually came to believe that the king, high as his office was, was accountable not
only to God but also to the people, in some way at least, for his
administration of justice. Thus they introduced the distinction between the just ruler (the king) and the unjust ruler (the tyrant).
Obviously, in their view, the tyrant could not be the vicar of God,
for he was not securing or enforcing justice. On the contrary, he
was the vicar of the devil. To resist him, then, was not tantamount
to resisting God. In the end, some medieval writers came to the
conclusion that putting aside or even killing the tyrant was an act
meritorious before God.
GERMANIC FACTORS
But what was the meaning of "justice" and "just" in that conwas not only embodied in the divine law (natural
and positive) but also in the human law of the realm. Until that
time the king had but to observe God's precepts to be considered
just. Above the law of the state, he could have amended it or
text? Justice
derogated to
it,
salva iustitia of course.
Now, however,
new
ele-
The Middle Ages
III.
90]
ment, Germanic in mentality and practice, enters into the definition of justice. God's law, yes; but, in addition, the law of the
law of the realm; and, furthermore, the law of the realm
customary law: the law observed from time immemorial. The Germanic idea, eventually incorporated in the political thought of the early Middle Ages, was that the term "law"
no longer meant the law or decree made by the king but the laws
tribe, the
is
identified with
of the nation
made by
the people as a whole.
This Germanic concept of the law, so alien in a sense to that
of imperial
and
Rome, had another consequence:
practically suppressed the legislative
state.
The law having been
owed
its
it
greatly curtailed
power of the
identified with consuetudo,
origin to the king. His function
ing, to interpreting, to enforcing the
was reduced
ruler in the
it
no longer
to discover-
customs of the nation and
judging according to them. Again, since the laws were no longer
he was now bound by them like everyone else. Thus customary law held sway over each and every member of the community the king as well as the humblest freeman. In other words,
what constituted justice was no longer the sovereign's will but the
law, which in turn had its origin and justification in the will of the
his,
people.
These various principles (about the nature of the law and the
had already found expression,
though not completely and systematically, in the ninth century
with Alcuin (735-804), Rhabanus Maurus (784-856), John
Scotus Erigena (810-877), Hincmar of Rheims (8067-882). But
the theory embodying these doctrines was to be formulated more
explicitly by the political writers of the eleventh and twelfth centuries, especially Manegold of Lautenbach (d. 71103) and John
of Salisbury (11207-1180), under the converging impetus of
another factor the revival of the Roman law in Bologna and the
work of the glossatores (writers of what was termed the glossa, the
marginal and interlinear notes in the Corpus Juris Civilis). These
new forces were to emphasize a legal principle dormant for so
extent of the king's authority)
many
all
centuries: the old
Roman
principle that the only source of
and law is the people.
Indeed, if there was at any time
authority
in the period immediately preceding
right of kings theory,
doctrine
was
in the early
it
Middle Ages or
even a trace of a divine
it
fast disappeared.
that kings
were not legibus
The prevalent medieval
they were bound
soluti:
Introductory
to the
VII.
law and responsible to
[91
God and
the people in their admin-
istration of justice. If unjust, the king ceases to
God and becomes
be a minister of
a minister of the devil. Consequently, resist-
ance to tyrannical rule becomes an act of justice
for
its
aim
is
the restoration of the justice that conforms to God's and the
people's will.
But
to say that the king (the despotic king)
deposed or ultimately disposed of
by the people
is
may be
equivalent to
having his authority derive from them. Obviously totalitarianism
was unknown
Middle Ages. As Mcllwain observes:
to the
is an achievement of modern times. The Middle
Ages would have none of it. But with medieval monarchy, as with
feudal relations, the prevailing theory was one thing, the actual facts
were often quite another. A nobler conception of kingship a higher
conception of government even has seldom been expressed than that
of the middle ages.
The main political defect of the time was not
a lack of principles, but an almost total absence of any effective
sanction for them.
Though the king was under law in theory,
there was little effective machinery in existence to make this theory a
Political absolutism
practical reality. 4
THE LATE MIDDLE AGES
Unlike the early Middle Ages, which saw political thought
emerge slowly and laboriously from the confluence of three clearly
identifiable factors, the late Middle Ages was a period of intense
intellectual activity and multiform experience in political and other
closely related matters.
of
With the second half of the eleventh century, the University
Bologna had become the center of a revival of Roman law.
4 Mcllwain, The Growth of Political Thought in the West, p. 197. In
a sense, then, "the Middle Ages are not dead" (Barker) and one can there-
fore refer to "the eternal Middle Ages" (F. Kern).
live
in the following political principles:
(1)
As
to politics, these
the maintenance of justice
is the purpose of the political organization; (2) the law as the concrete
embodiment of justice is supreme (even the king is under God and the
law); (3) power is a political responsibility: the subjects must observe the
law and the king must maintain justice; (4) the state cannot touch certain
aspects of the moral and spiritual life of man and must leave the Church
free and independent. "No epoch was ever more free from 'totalitarianism'
than the period which knew Catholic 'domination' at its highest." (J.
Courtney Murray, "Contemporary Orientations of Catholic Thought, etc.,"
in Cross Currents, 5 [Fall, 1951], p. 52.)
III.
92]
The Middle Ages
Soon the glossatores added the weight of that law and jurisprudence to the emperor's pretensions. On the other hand the papal
claims obtained new help and ammunition from the canonists, who,
also in Bologna and not too much later, revived the study of canon
law. Prominent among them was Gratian, a Camaldolese monk of
Tuscan origin, who between 1140 and 1150 wrote his famous
Concordia discordantium canonum (later called Decretum Gratiani, hence the word "decretists" applied to those who commented
on it), in which the entire mass of canonical legislation was collected and rearranged. 5
This is the period when, at the end of a long detour, Aristotle's
works became available in Latin Europe; and with them, through
the translations and commentaries of the Scholastics, many aspects of ancient culture were providentially rediscovered and assimilated.
At
this
some
time also, there were important indications of a new,
venturesome Europe. The Crusades, ephemeral though
vibrant,
of their gains were, reopened for
good the whole of the
Mediterranean, which Islam had closed for some centuries, and
from then on maritime commerce became generalized. The medieval cities (in England, Italy, Provence, Germany, and Flanders)
grew rapidly with trade and industry, and thanks to these a new
the
order,
came
clergy
middle class
(merchants,
manufacturers,
artisans),
to be recognized as an active part of society alongside the
and the
nobility. It
was such English
cities as
were in posby Stephen
session of charters of self-government that in 1215, led
Langton
(11507-1228), Archbishop of Canterbury, stood up
King John and, at Runnymede, extorted from him the
Magna Charta the Great Charter of English liberty, which solemnly recognized that lex is superior to rex. It contained in its
final form thirty-seven clauses, among them the surrender of the
royal claim to arbitrary taxation; the obligation to set up and
make use of a general council; the institution of "due process,"
against
5 The Decretum Gratiani was supplemented, between the thirteenth
and the sixteenth century, by several collections of subsequent Church
laws: the Decretals of Gregory IX (1234); the Liber Sextus promulgated
by Boniface VIII (1298); the Constitutions of Clement V, called
Clementinae, promulgated by John XXII in 1317; the Extravagantes of
John XXII (1500); and the Extravagantes Communes (1500). To all these
collections Gregory XIII in 1580 gave the title Corpus luris Canonici.
Introductory
[93
VII.
whereby one's imprisonment or exile or expropriation was to be
sanctioned by the "lawful judgment of his peers, or by the law of
the land." 6 In several countries of Europe, especially in France
and England, the royal power became so consolidated as to cause
a decline of feudal institutions and to challenge not only the emperor's authority but also certain traditional claims of the Church
such as immunity from taxation. Suddenly the pope saw the national monarch, in a sense more redoubtable than the head of the
Holy Roman Empire, standing up to him, refusing to submit or
even to accept a compromise.
Finally, in the late
Middle Ages a system of common law was
its content and binding force from
developed in England, drawing
age-old usage and universal reception, while in almost
all
nations
Europe representative parliaments began to make their appearance. These were parliaments of "estates," that is, representative
of the classes that composed medieval society: the noble, the
knight, the priest, and the burgess. Only the low rural class was
of
not represented, at least not directly.
THE GREAT CONTROVERSY
But from a
strictly political
viewpoint, what dramatically domi-
nated the late Middle Ages was the great controversy between
the
Church and the
state.
This struggle had several aspects or
many
participants. It was, first of all, an
between the pope and the emperor. The issues at
stake were sufficiently clear and definite. What each contestant
sought was independence of the other. Thus Gregory VII, pope
from 1073 to 1085, fought Henry IV in the so-called "Investi-
levels,
open
various chapters,
conflict
The Magna Charta
"rests directly upon certain fundamental pringovernment which are part of Christian society. The Charter is
in essence an admission by an anointed king that he is not an absolute
ruler not only by reason of the moral law but also by reason of the terms
of the coronation oath; that he has a master in the laws he has violated but
now once more swears to obey; that his prerogative is defined and limited
by principles more sacred than the will of kings; and that the community
of the realm through their natural leaders, the barons, have the right to
compel him to respect the essential equality of men by guaranteeing immunity from the arbitrary in a rule according to law." (J. F. Costanzo,
"Catholic Politeia II," Fordham Law Review, XXI [December, 1952], p.
ciples of
260.)
III.
94]
The Middle Ages
and the form
and time of their investiture by the emperor. The pope wanted to
purify and strengthen the ecclesiastical hierarchy by freeing it of
ture Controversy" over the appointment of bishops
Henry IV read in the pope's policy a threat
rights and an insult to civil authority in
general. He refused submission and had a group of German and
Italian bishops depose Gregory. Then he dispatched an emissary to
Rome to command the pope "to descend from the apostolic chair
usurped by fraud, simony, and violence" and to tell the
bishops assembled at the Lateran Synod (1076) that a new pope
was soon to be elected: Gregory was "not a shepherd but a rapacious wolf." The message was delivered. The following day
Gregory excommunicated "Henry the King, son of Henry the Emperor," forbade him the government of Germany and Italy, and
all
secular interference.
to his feudal
and imperial
freed his subjects from their oath of loyalty. These were stunning
and they were followed by equally courageous deeds
and hater of iniquity, died as a
consequence in exile. But on what principle was Gregory's action
based? The common and more sensible explanation is that he
acted on what was later termed, neither too accurately nor happily however, the Church's "indirect power"
an extension of the
spiritual, which, although bearing on temporal matters, does so
for a purely spiritual purpose. In fact, in deposing Henry, Gregory did not appeal to medieval public law but only to priestly
authority, and he regarded the deposition not as an effect of the
excommunication but as a distinct and true exercise of power. He
had pondered Christ's words "Whatever thou shalt bind on earth
shall be bound in heaven" and he had not found kings excepted:
".
are they not sheep of the flock which the Son of God comdeclarations,
until their author, a lover of justice
mitted to the blessed Peter?"
Another struggle took place during the pontificate of Innocent
When he became pope in 1198, he was thirty-seven years old,
a cardinal, but not yet a priest. It was under him that the effective sovereignty of the pope over the whole public life of Christen-
III.
dom
reached
its
zenith. Innocent clashed first with the electors of
the empire. Claiming a right of intervention in the election
and
coronation of the emperor on two grounds (one historical
the
transfer of the imperial authority
fected by the
Holy See; the other
from the East
juridical
to the
West
ef-
the granting of the
Introductory
[95
VII.
imperial crown also by the
Holy See), 7 he supported Otto of
Brunswick against Philip of Swabia. Later Innocent clashed with
Emperor Otto, whom he excommunicated in 1210, and with
Philip Augustus of France and John Lackland of England, both
guilty of bigamy, whom he tried to bring to their senses by placing their countries under most severe interdicts. These new and
were based on the nature of papal jurisdicand temporal only per accidens: "a power
grounded on the pope's duty as Vicar of God to judge of the sins
[de peccato] of all Christians, not on his rights as a temporal ruler
forceful interventions
tion, spiritual in itself
to administer
law for
tion that entitled the
guilty of a grave
pope
to
was this kind of jurisdicintervene whenever a Catholic was
his subjects."
It
crime or scandal, Innocent III claimed; but he
made no claim
to any direct authority in temporal affairs.
Another phase of the conflict saw a Genoese pope, Innocent
IV, struggling fiercely against a shrewd, skeptical, and extremely
intelligent emperor, Frederick II (1212-1250). Frederick aimed
at destroying the Church as a society independent of the state and
reviving the old, pagan, all-powerful state.
He
repeatedly asserted
emperor was above all laws and responsible only to God
("omnibus legibus imperialiter est solutus"). In 1245 Innocent
convoked a general council at Lyons. Frederick was tried and
that the
found guilty (perjurer, persecutor of the Church, invader of the
papal
states,
suspect of heresy, protector of the Saracens). Inno-
cent pronounced the sentence: excommunication and deposition.
In so doing he seemed to lean toward the idea that the pope had
7 Innocent's stand
on the election of the emperor is clear in the dePer venerabilem (1202). The electors (princes and bishops of the
empire) were free to elect the king of Germany but it was within the
pope's power to examine and even to reject their candidate for the imperial office. The king becomes emperor only upon consecration, and the
pope judges him worthy of this lofty office only if he be a friend and
protector of the Church.
8 Mcllwain, The Growth
of Political Thought in the West, p. 233.
cretal
Innocent's attitude
is
further explained in his decretal Novit Hie (1204):
was not our intention to judge about the fief, for such judgment
longs to him [the emperor], but to judge about the sin: undoubtedly
censuring of the sin belongs to us and we can and must exercise
power on anyone." The text of this decretal, as well as that of
venerabilem and Unam sanctam, appears in Ehler-Morrall, Church
"It
State
pp. 69-71, 67-69, 90-92.
bethe
this
Per
and
The Middle Ages
III.
96]
jurisdiction in temporal matters, but unlike
was only
make
Gregory VII and In-
power
power
on
Nor did he clearly assert the pope's
be direct, but undoubtedly he was moving in
nocent III before him, he did not
indirect.
secular affairs to
it
clear that such
that direction.
In the fourth phase of the Church-state controversy the dra-
matis personae were Boniface VIII, a
man somewhat rough and
impulsive by nature, and Philip IV, called the Fair (1285-1314),
on extending the royal power.
(1296-1297) the conflict had to do with the temporalities
of the clergy and the question of the French king's right to levy
taxes on ecclesiastical property. Without consulting the pope,
Philip had exacted such contributions. The French clergy appealed
to Rome, and Boniface issued a famous bull, Clericis laicos
(1296). It was a restatement of the traditional doctrine: the secular power must not levy taxes on the Church and the clergy witha proud and ambitious king bent
At
first
out the Church's consent. In defiant response, the king proclaimed
the supremacy of the state in
none
in this
world
is
terms that
ciliatory
it
was
Philip's rights as king; that
and safeguard the
its
own domain:
in
temporal matters,
superior to the king. Boniface replied in confar
from
his intention to
principle; that, in fact,
he was ready to allow
the king to levy taxes even without consulting the
certain cases.
Then
in
challenge
he wanted merely to prevent abuses
Holy See
in
There followed a four-year period of uneasy peace.
1301 the
conflict flared
up
again. Philip
had not only con-
tinued to claim the ius regaliae (the right to receive the income of
ecclesiastical benefices during their
vacancy) but had gone so far
as to order the arrest of the bishop of the
of Pamiers.
When
newly created diocese
Boniface saw his protest disregarded, he sent
fili, in which the king's subjection to
pope ratione peccati was again vindicated and the latter was
the king the bull Ausculta
the
said to be a sort of spiritual director to the temporal rulers. In
addition,
the bull listed Philip's public crimes
and threatened
deposition.
Ill-advised
by
his
henchmen, especially the French civil lawyer
had a false bull circulated whereby the pope
Pierre Flotte, the king
was made
to claim direct authority over France. Also, the king
and nobility to defy such an absurd pretension.
This both estates did: the clergy wrote to the pope, the nobles to
invited clergy
the cardinals. Replying to the French clergy, Boniface denied the
Introductory
[97
VII.
"For forty years now we have been trained
two powers ordained by God.
in law, and we know
The king cannot deny, nor any other of the faithful whoso9
ever he is, that he is subject to us on the ground of sin." Shortly
afterward (October 1302) Boniface VIII issued the bull Unam
falsely ascribed claims:
that there are
sanctam, whose
same
that for every
final
"We
doctrine:
statement
declare,
human
we
creature
is
a solemn proclamation of the
affirm,
it is
we
define,
and pronounce
absolutely necessary for salva-
be subject to the Roman Pontiff." A careful reading of the
shows that Boniface abstained from any explicit claim to a
direct authority in temporal affairs. The theory he put forward in
tion to
bull
document and particularly in its find definition is not new
but repeats more or less the doctrine advanced by Innocent III
in his decretal Per venerabilem. Some reject this conclusion and
consider the bull Unam sanctam a clear, official formulation of
the theory of the pope's plenitudo potestatis
his fullness of power
both in spiritual and temporal matters. Others, while conceding
that Boniface VIII never officially asserted in word that the pope
possessed a direct power over temporaliti&s, wonder if he did so
in action, or at least believed this as a private person. One would
this
rather say that
it
colored his thought to a certain extent; yet,
him nor with other popes did
the direct power theory
become Catholic doctrine in the strict sense.
The last chapter in the medieval Church-state contest saw
Pope John XXII (1316-1334) in conflict with the Emperor
Louis of Bavaria. This struggle was marked by much bitterness
and resentment and acridity on both sides. The situation was complicated by the fact that the pope was a Frenchman and, though
bishop of Rome, had never visited it, choosing to reside with his
Curia (composed mainly of French cardinals and prelates) in
neither with
ever
Avignon, practically under the control of the French king.
Many
and Germany resentfully rallied to Louis against the pope.
The number and the power of the discontented forces were increased by a split in the Franciscan order over the issue of pov-
in Italy
erty:
the extremists or Spirituals
(who wanted absolute poverty
restored in the order) joined the ranks of the imperial opposition
to the pope,
who had approved some mitigations of the old FranAs to the specific claims of pope and emperor,
ciscan rigidity.
they remained unaltered.
9
Quoted by Mcllwain, op.
cit.,
p. 245.
III.
98]
The Middle Ages
WRITERS ENGAGED IN THE DEBATE
was not limited to the duel
It was also a passionate
contest between two currents or schools, an obstinate and often
angry polemic between the supporters of the ecclesiastical side
(variously called canonists, decretalists, curialists, papalists) and
The medieval Church-state
between
conflict
their highest representatives.
the emperor's or king's partisans (called legists, civilians, royal or
lawyers). 10 Here, on this lower level, the contestants gen-
civil
went much farther than their leaders, discussing not only
the problems at issue but probing into all possible ramifications,
direct or indirect, of thw subject of authority, drawing their arguments not too discriminately or scrupulously from all kinds of
sources (Sacred Scripture, theology, philosophy, history, canon
law, Roman law, mythology), often making wild statements and
extravagant claims. For instance, some canonists of the thirteenth
and fourteenth centuries held that the power of the state was completely and directly subordinate to the Church and the papacy
erally
even in temporal matters a doctrine never endorsed in official
papal documents. And some of the lawyers saw the Church as a
mere department of the state and asserted that the body of all the
faithful was the source of all ecclesiastical authority and that the
clergy lacked any potestas iurisdictionis. At some point or other
the dispute was bound to become almost hopelessly confused and
embittered. Perhaps the problem between the libertas ecclesiastica
and the libertas regalis remained unresolved because both factions were unable or unwilling to confine their respective claims
within the range of theological truth and the field of political
reality.
Notwithstanding the heated discussions, the controversialists
agreed on several points: Church and state were two aspects of
one society
Christendom, men's
universal
community
at least in
destiny; both institutions
were legitimate and necessary; they owed
their existence to God's ordinance. It was even granted that, in a
sense, the spiritual power, embodied in the pope and the bishops,
was somewhat superior to the secular. Strange as it seems, it was
this
very agreement on certain fundamental principles that kept
the debate in progress.
10
When,
This controversy gave
popular.
v/ith Marsilius, the true distinction
rise to a
new kind
of political literature: the
Introductory
between the
faithful
[99
VII.
and the hierarchy was repudiated and when,
with the emergence and strengthening of the
the idea of a single society
troversy as
it
had raged
became
modern
nation-states,
obsolete, the Church-state con-
in the medieval context
came suddenly
an end.
The writers who engaged in the debate fall into three classes.
There were representatives of the extreme curialist view, who affirmed the supremacy of the Church even in temporalibus. There
and inevitably
to
were the representatives of the extreme imperialist or regalist view,
who minimized the power of the Church even in spiritualibus.
And finally, mediating between the canonists and the lawyers, the
representatives of the via media asserted the supremacy of the
Church without diminishing the normal independence of the state.
To the first class belonged, among others, John of Salisbury,
Henricus de Segusia, Aegidius Romanus, and James of Viterbo.
John's ideas will be discussed at length in a separate chapter.
Henricus de Segusia (Henry of Susa), Cardinal of Ostia (Hostiensis), is the
author of a
Summa
views the emperor as the
super
official
titulis
Decretalium. In
it
he
or vicar of the pope, and the
only head "we ought to have, the lord of things spiritand temporal." These ideas were later reaffirmed and more
fully developed by Aegidius Romanus. Henricus died in 1271.
Aegidius Romanus (Giles of Rome, 12437-1316), of the Colonna family, was a member of the Order of the Hermits of St.
Augustine and a doctor of civil and canon laws. In 1295 he was
latter as the
ual
appointed archbishop of Bourges. His
De
ecclesiastica potestate
most rigid expression
makes the pope competent in all matters, spiritual and temporal: he rules the world as
supreme lord in his own right; the princes are subject to him even
in their secular administration. In a word, the ecclesiastical power
is unlimited: "the fullness of the power in the Church is such
that it is without weight, number, and measure." Aegidius also
wrote De regimine principum, published probably between 1277
and 1279. This political treatise, on the norms that must regulate
the private and public life of a civil ruler and on the essence of
the royal power, was dedicated to Philip the Fair, then not yet
king. Significantly there is in it no treatment whatever of Church
and state relations. But De regimine principum rapidly became
widely read and very influential. Mcllwain defines it as "one of the
(1301), dedicated to Boniface VIII,
is
the
of the medieval hierocratic theory. Aegidius
100]
III.
ablest
and most
Ages."
The Middle Ages
interesting political treatises of the
whole Middle
"
James of Viterbo (1256?-?1308) was
also a
member
of the
Augustinian order and a doctor in theology from the University
of Paris. In 1302, Boniface VIII appointed him archbishop first
and then of Naples. His De regimine christiano
on the Church conceived as a spiritual power
(1302)
congregatio
politica
and a
as well. Both spiritual salvation and
political life are possible only within the Church. The pope is
priest (through the power of orders) as well as king (through the
power of jurisdiction); and his royal power is so all-embracing
that even civil rulers are subject to him. Always concerned with
the concept of a unitary social order (in line with the law of unity
so inherent in medieval thought), James does not admit any
dyarchy even in the government of mankind: at the summit of the
two hierarchies, secular and ecclesiastical, he places the Roman
pontiff. The temporal power is from God but only mediately
mediante papa. Consequently, "every human power is imperfect
unless it is approved and made perfect by the spiritual power,
whose fullness is possessed by the pope." Human law can entitle
one to govern mere men; but one can govern Christians only by
divine law, and the pope is its custodian and dispenser. Him the
rulers of this world must obey as they would Christ Himself, and
should a conflict arise between these and the pope, their subjects
must side with him.
Of all who wrote against the papal claims the most radical
was Marsilius of Padua, the physician and theologian who supported Louis of Bavaria against Pope John XXII. In his Defensor
Pads (1324), Marsilius maintained that God is the ultimate and
the people the immediate source of all power, including the power
of the Church. The Church hierarchy was denied any power of
jurisdiction and made directly to rely on the people and the state
for the formulation of her dogmas, the enactment of her laws,
and the appointment of her bishops.
of Benevento
is
a treatise
In favor of a strong and independent secular power and in
favor also of the independence of the spiritual power were Dante
and John of Paris. Dante, in Monarchia, insisted on the
and mutual independence of the two authorities
(each sovereign in its respective field). He also emphasized the
Alighieri
rigid distinction
11
Mcllwain, op.
cit.,
p. 248.
Introductory
emperor's duty of
Quidort;
d.
filial
1306)
[101
VII.
reverence to the pope. John of Paris (Jean
in his
De
potestate regia et papali, alongside
imprudent suggestions and incorrect principles later used by Gallican theorists, sketched the main lines of a system of Church-state
relations worthy of consideration even today. Bellarmine himself
compower of the Church
praised John as one of the supporters of the "middle ground
mon
to Catholic theologians" in regard to the
in temporal matters.
One
could add that John's synthesis, though
incomplete and by no means completely original,
freshing
is
the most re-
and modern of the medieval revaluations of Gelasius'
against the extremists of both sides: those
formula. Basically, he
is
who
power as to forbid any influence in
and those who so extended it as to make
so confined ecclesiastical
the temporal sphere,
the pope, in principle at least, the final arbiter of
all
temporal
and the emperor a mere minister of the priests. This is the
gist of John's doctrine. The two powers are truly distinguished,
both derive immediately from God, neither is contained in the
other. The temporal power is competent in whatever concerns the
end of civil society: justice, peace, and prosperity in the human
temporal order. Outside this area the king or emperor is totally
incompetent. On the other hand, the power of the Church, also
direct from God, extends to all matters pertinent to eternal salvation. It is a power spiritual in character and purpose; and as such,
in principle, it has no right to intervene in purely temporal affairs.
Yet, because of the primacy of the spiritual order (and the
issues
Church's purpose
is
definitely superior to the state's), there
may
be occasions when the power of the Church reaches, although indirectly (not per se but per accidens), into the temporal order.
Thus the pope, though without authority in governmental matters,
instructs even kings in matters of faith and morals. While incompetent to judge transgressions of human law (civil crimes) as
such,
it
is
within his exclusive jurisdiction to judge whether or
a sin. As to the Church's sanctioning her judgments
with penalties bearing upon the temporal order (especially with
not an act
is
the deposition of kings),
may happen
John denies so direct a power. But it
an ecclesiastical censure
that the pope, in inflicting
(excommunication, suspension, interdict penalties that per se
and directly are only spiritual), indirectly and per accidens produces some effect on the temporal and political life of the community. Thus, in actual depositions, the king is directly deposed
102]
III.
The Middle Ages
not by the pope but by the people "acting with a conscience informed by the pope." 12
Among the political writers of the late Middle Ages, St.
Thomas, the greatest Catholic philosopher and theologian, occupies a special place. His contribution to political thought
is
an-
other remarkable indication of his depth of realism and universal
range of vision.
SELECTED BIBLIOGRAPHY
*
Cassirer, E. The
Books, 1952
Costanzo,
J.
F.,
Myth of the State. New York: Doubleday Anchor
(New Haven, 1946).
"Catholic Politeia I" and "Catholic Politeia II,"
Fordham Law Review, XXI
(June, 1952), 91-155, and
(Decem-
ber, 1952), 236-281.
*
C. The Making of Europe. New York: Meridian Books,
1956 (New York, 1945).
D'Entreves, A. P. The Medieval Contribution to Political Thought.
London: Oxford University Press, 1939.
Gierke, O. Political Theories of the Middle Age. Trans, by F. W.
Maitland. Cambridge, England: The University Press, 1900.
Hearnshaw, F. J. C. The Social and Political Ideas of Some
Great Mediaeval Thinkers. London: Harrap and Company,
Dawson,
1923.
Kantorowicz. E. H. The King's Two Bodies:
Political Theology. Princeton,
N.
J.:
Study in Mediaeval
Princeton University Press,
1957.
*
Pirenne, H. Medieval Cities. New York: Doubleday Anchor Books,
1956 (Princeton, 1925).
Stephenson, C. Mediaeval Feudalism. Ithaca, N. Y. Cornell University Press, 1956 (Ithaca, 1942).
Ullmann, W. The Growth of Papal Government in the Middle
Ages. London: Methuen, 1955.
:
12
For a good summary of John of
John Courtney Murray's article
state, see
Paris' theories
about Church and
(in Theological Studies,
1949]; reprinted in Cross Currents [Fall, 1951]) quoted above.
[June,
chapter
viii
John of Salisbury
LIFE
JOHN
PETIT, commonly known
as
John of Salisbury from the
place of his birth in or about 1120, studied logic in Paris un-
der Abelard from 1136 to 1138, and Latin
from 1138 to 1140. In 1141 he returned to
literature in Chartres
Paris,
where he con-
tinued his studies, probably until 1145. In 1148, at the Council of
Rheims, Bernard of Clairvaux introduced him to Theobald, Archbishop of Canterbury. Returning to England in 1150, John became Theobald's secretary and from time to time was engaged by
the king in the diplomatic service. In both capacities he traveled
frequently to
Rome
and several times met Adrian IV (1154-
1159), the only English pontiff in history. In his Policraticus,
John tells that the pope admitted him "to his closest friendship"
and once kept him at the papal court in Benevento for almost
three months.
Another of John's friends was Thomas a Becket, then chancellor of King Henry II, and later (1162), on the death of Theobald, his successor in the see of Canterbury. In time both
Thomas
and John incurred the king's disfavor by their firm defense of the
rights of the Church and were eventually forced to leave England.
After about six years in France they returned to Canterbury in
1170. On November 29 of that year, Thomas was murdered in
his cathedral by the king's emissaries.
104]
III.
The Middle Ages
In 1176 John was appointed bishop of Chartres, the city of
His episcopate was a brief one, for he
his humanistic studies.
died in 1180 at the age of sixty.
THE POLICRATICUS
John's writings, most of them in Latin, treat of a variety of
subjects
history, logic, poetry, politics
diversified culture
and
interests.
His
in the Policraticus or "Statesman's
and bear
witness to his
political views are expressed
Book," a work
in eight
books
that he finished in 1159.
The
most comprehensive and systematic
political treatise written in the Middle Ages before the rediscovery
of Aristotle's Politics. Its main topics are the nature of the commonwealth, the concept and obligation of a "higher" law, rights
and duties of the ruler, tyranny and tyrannicide, and Church
and state relations.
Most
Policraticus
is
the
of John's opinions are a faithful reflection of the medi-
had evolved from the time of Augustine. Also
John's heavy reliance on quotations and examples from Scripture and from classical and ecclesiastical history.
But while adhering strictly to ideas and methods of his age, John's
discussion is characterized by a healthy respect for reality. He sees
danger in overstressing theory; he knows how to find compromises
for even opposite points of view; he is not blind to errors and
eval tradition as
it
typically medieval
is
vices in whatever
camp
they appear; he
is
unusually frank with
the powerful and yet possessed of a refreshing sense of balance
and humor. His Policraticus reads smoothly and
interestingly
even
today.
THE COMMONWEALTH
commonwealth
by the
"i s
a cert ain body whir.h
is
endowed. vAth
which acts at the prompting of
-theTughest equity, and is ruled by what may be called the moderating power of reason." 1 John likens the body politic to a natural organism. It is made up of various parts hierarchically and
life
benefit of divine favor,
1 Policraticus, Book
V, chap. 2. Selections from the Policraticus are
taken from the translation of J. Dickinson in The Statesman's Book of
John of Salisbury (New York: Alfred A. Knopf, 1927).
John of Salisbury
[105
VIII.
harmoniously related in their functions. There is a soul in that
body the priests, who are God's ministers and have "rulership
over the whole."
God and
There
is
a head
who
the prince,
"who
is
subject
and represent
Him on earth." 3 There is a heart the senate. There are eyes,
ears, and tongue (judges and provincial governors), hands (officials and soldiers), stomach and intestines (officers in charge of
public finances), and feet (husbandmen). In addition, the commonwealth is firmly united by a spiritual bond, "an enduring union
only to
to those
exercise His office
of wills ... a cementing together of souls ... a real spirit of helpfulness." 4
The working together of the various parts, necessary
would not be enough to make the commonwealth prosper.
"The solidest union is that which is cemented with the glue of faith
and love, and stands wholly upon the foundation of virtue." 5
John's treatment of the nature of the commonwealth re-echoes
Platonic and Aristotelian concepts. Both Plato and Aristotle speak
of a state consisting of parts and having an ethical purpose. But
then John departs from the classic view by making both state and
virtue essentially Christian and granting the priests the dominant
position in the body politic. As to the functions assigned the various parts, John is more consonant with Plato than with Aristotle.
His scheme is rigid and static, for the farmers and traders and
as
it is,
artisans lack
There
is
any collective voice in the ordering of the
no way
for
them
state.
actively to participate in government.
Their status in the organism
is
a passive one.
They have only
duties.
THE LAW
Cicero had transmitted to the Christian world the Stoic concept of a universal law of reason binding
every
human
this concept.
association.
By John
upon every man and
and perfected
was common belief
Christianity developed
of Salisbury's time
it
that a hrghex4aw^teQd=a35gge^dt5arthly powers, indisputably rul-
ing over
them
as well as over each individual. This
the different levels of Christendom
law cut across
and permeated the various
orders of authority. Private persons, families, lower communities,
md.
2 ibid.
* Ibid., 7.
5 ibid.
106]
The Middle Ages
III.
national states, empire, and
this subjection to the
Church
all
were subject to
it.
It
was
higher law that gave unity to the otherwise
parceled medieval society and served as a counterpoise to the
centrifugal force of feudalism.
The
had great
precepts. For the
Stoic asserted the existence of a higher law but
difficulty in finding
out what precisely were
Christian the solution of the problem
was
its
greatly simplified.
The
law of nature and reason was the law of God. God had spoken.
There was a record of His statements: Scripture and Tradition.
Moreover God had instituted a Church visible, hierarchic, indestructible. It was her task infallibly to interpret the content of Revelation and therefore the rules of divine law, both natural and
positive, included therein.
Now
John, in his discussion of law, conforms
strictly to
medieval view. For him and his contemporaries "law
God, the model of
equity, a standard of justice, a likeness of the
divine will, the guardian of well-being, a
darity
among
the
the gift of
is
bond
of union
and
soli-
peoples, a rule defining duties, a barrier against the
and the destroyer thereof, a punishment of violence and all
6
When law is attacked or undermined, "it is the
grace of God which is being assailed ... it is God himself who in
a sense is challenged to battle." 7 This higher law is superior to all,
individual and state, pope and king, faithful and priest, vassal and
lord. Its rules are found in the Bible and, in part, restated in the
Corpus luris, the body of Roman law compiled by order of
Justinian I (a.d. 483-565). The priests are their official interpreters. Consequently, the prince must listen to God's ministers as
a disciple to his teachers. He must obey the higher law under
penalty of becoming a tyrant. He must always act in conformity to
it not out of fear of human punishments, to which as ruler he is
vices
wrong-doing."
not subject, but out of love for
All are
it
is
bound by the
said that the prince
justice.
necessity of keeping the law.
is
However,
absolved from the obligation of the law;
but this
acts,
is not true in the sense that it is lawful for him to do unjust
but only in the sense that his character should be such as to
cause him to practice equity not through fear of the penalties of the
law but through love of
e Ibi d., VIII, 17.
%Ibid., IV, 2.
justice. 8
t Ibid.
John of Salisbury
[107
VIII.
THE PRINCE
John recognizes is monarchy.
rights
of the prince while insistand
He greatly extols the person
ing no less earnestly on his duties. "The prince stands on a pingreat and high
nacle which is exalted and made splendid with
9
"The prince is the public power, and a kind of likeprivileges."
u
ness on earth of the divine majesty." 10 His is a "religious office"
The only form
of government
for it is concerned with the execution of the sacred laws. "Great
honor and reverence are to be shown to him." 12 At the same time,
"the prince ... is the minister of the common interest and the
bond-servant of equity [law], and he bears the public person."
He
is
responsible for the state.
He
is
13
the servant of the people.
With regard to public matters he has no will of his own "apart
from that which the law or equity enjoins, or the calculation of
the
common
interest requires." 14
But in a sense he is not answerable to the commonwealth.
There is no positive law in the land whereby he can be judged, no
legal machinery in the state whereby he can be taken to task for
his actions. The prince is the guardian, the commonwealth is the
ward. He is accountable solely to God. "Therefore let the prince
15
fear God
[for] the prince is the Lord's servant."
He must
also excel in the practice of virtue so as to please God and make
the entire community happy. John's list of the king's virtues is
long and detailed. It includes chastity, liberality, knowledge of
letters and law, humility, impartiality, justice tempered with mercy,
concern for the poor and the helpless, love and zeal for the
Church and the propagation of the faith. True to medieval custom,
John does not distinguish between public and private virtues. Personal and political morality are both required of the prince if he is
to be worthy of God's trust and successful in his administration.
.
In answer to the question "does the prince receive his title
from election or from inheritance?" John evades the rigid terms in
which the issue was debated in his time. He seeks a compromise.
He
excludes neither the hereditary nor the elective principle. Ac-
cording to him
9 Ibid.,
l.
it is
God who
gives the royal
io ibid,
uibid.,
3.
12 Ibid.
^Ibid.,
2.
uibid.
is Ibid., 7.
title
and authority
to
The Middle Ages
III.
108]
has been designated king through election by the
people or the priests, or through succession. Circumstances dictate
the choice of one or the other means. Thus John, while condemn-
who
the one
ing the theory of absolute inheritability of public offices, grants the
king's children a presumptive right to the throne. "It
to pass over, in favor of
entitled
by
new men,
by the divine promise and
own
their
not right
who
are
be succeeded
they have walked in the
right of family to
children, provided that
judgments of the Lord."
is
the blood of princes
16
TYRANNY AND TYRANNICIDE
John
sees the possibility of tyranny in every power, whether
in the state, the
As
ship.
human
Church, the family, or any other
to tyranny in the state,
it
obtains
when
governing in conformity to divine law for the
presses the people
by rulership based upon force
no longer
one,
common
.
relation-
good, "op-
[and] thinks
nothing done unless he brings the laws to nought and reduces the
people to slavery."
vinity";
sary,
18
17
the tyrant
is
The
prince "is a kind of likeness of di-
"a likeness of the boldness of the Adver-
even of the wickedness of Lucifer."
tyranny."
What
19
"Nothing
is
worse than
20
is
to
be done with tyrants? John counsels passive re-
sistance to their unjust laws,
humble prayer
to
God
that the
scourge of tyranny be turned aside, conversion of morals, and
must be left to God, the source
power (even of the power that the tyrant so flagrantly
abuses), who knows how to use "our ills for His own good purposes." 21 In due time Providence will put an end to tyranny by
either destroying or converting the despot. There is no doubt in
John's mind that if the tyrant persists in malice God will punish
him. All tyrants, he claims, come to a bad end. "Wickedness is always punished by the Lord; but sometimes it is His own, and at
others it is a human hand, which He employs as a weapon wherewith to administer punishment to the unrighteous." 22 Thus tyranpatient waiting. Positive action
of
all
16 Ibid.,
18 Ibid.
V,
2 <> Ibid.,
18.
6.
17 ibid., VIII, 17.
19 ibid.
22 Ibid., 21.
21 ibid.
John of Salisbury
[109
VIII.
becomes an act of God performed through the instrumentality of an individual citizen.
John had to find a way out of his dilemma. His concept of
government did not recognize any positive agency whereby the
nicide
body
politic
could judge the lawfulness of the ruler's actions, or
means for his correction or deposition.
Yet the prince, once turned tyrant, might so oppress the community as to become unbearable. The only way out was to see
in the tyrant's killer an agent of God. Thus tyrannicide was justified, not in terms of human law but in terms of God's will and
inescapable justice. In reality, as St. Thomas was to point out, this
doctrine was dangerous, for it could easily lead to rash and irresponsible deeds on the part of individuals acting on their private
any
legal,
constitutional
judgment.
CHURCH AND STATE
John of Salisbury
definitely favors the
extreme view of the
papal plenitude of power. His theory confuses the competencies of
the
in
Church and the
its
own
the other.
state
(each in reality distinct and independent
sphere), or at least exaggerates one at the expense of
For him
ecclesiastical authority is truly
direct not only in spiritual but also in
supreme and
temporal matters. John's
statements to this effect are frequent and unambiguous.
He
argues for the primacy of the priesthood by reason of the
pre-eminence of the Church's end and function. The Church has
the higher aims
and
tasks. Religious as
it is,
the prince's office
is
and therefore
seems to be typified in the person of the hangman." 23 In the organic body to which John analogically compares the Christian
commonwealth, the priests, as God's ministers, hold the place of
the soul; and "since the soul is
the prince of the body, and has
rulership over the whole thereof so [the priests] preside over the
"inferior,"
for
it
"consists
punishing crimes,
in
entire
body."
24
Accordingly, the prince, although
filling
the place
same body, "is subject only to God and to those
who exercise His office and represent Him on earth, even as in the
human body the head is quickened and governed by the soul." 25
of the
head
in the
23 Ibid., IV, 3.
25 Ibid.
24 Ibid., V, 2.
110]
III.
The Middle Ages
John uses another analogy, that of the two swords symbolic of the
spiritual and the temporal power, to make his point for ecclesiastical
supremacy.
This [temporal] sword
Church.
prince,
She has
the prince receives
this
sword, but she uses
upon him she confers
the
from the hand of the
by the hand of the
it
power of bodily coercion, retaining
to herself authority over spiritual things in the person of the pontiffs.
The
prince
is,
then, as
it
were, a minister of the priestly power, and
one who exercises that side of the sacred
of the hands of the priesthood. 26
It is
Church a
strict legal
or simply moral authority. His
state
which seems unworthy
debatable whether John actually intended with these as-
sertions to grant the
logically to call for the
was
offices
careful not to
draw
sovereignty over the
sweeping premises seem
former conclusion. John himself, however,
it
explicitly.
SELECTED BIBLIOGRAPHY
Policraticus.
Trans, with an Introduction by John Dickinson
Statesman's
Book of John of
Salisbury).
New
(The
York: Alfred A.
Knopf, 1927.
J. B. Frivolities of Courtiers and Footprints of Philosophers.
Minneapolis: University of Minnesota Press, 1938. (A transla-
Pike,
tion of
Books
I,
II, III,
and selections from Books VII and VIII
of John of Salisbury's Policraticus.)
Poole, R. L.
Illustrations of the History of Medieval Thought and
Learning. 2nd Edition. New York: Macmillan Company, 1920.
(See especially Chapter VII, on John of Salisbury, pp. 176-197.)
Influence of John of Salisbury on Medieval
Ullmann, W. "The
Italian
Jurists,"
English
Historical
Review,
LIX
(September,
1944), 384-392.
Webb, C. C. J. John of Salisbury. London: Methuen, 1932.
26 ibid., IV, 3.
chapterix
St.
Thomas Aquinas
LIFE
THOMAS,
the great tower of knowledge and wisdom, was
1225 in the ancestral castle at Roccasecca, near
Naples, to an old and noble family. At the age of five he was sent
to the famous Benedictine monastery of Monte Cassino. There, under the direction of his uncle, Abbot Sinebald, he received his
first education. Thomas continued his studies at Naples, where he
met several members of the order newly founded by the Spaniard
St. Dominic. Their holy life coupled with their great love for learning led him to join them. In the spring of 1244 he received the
Dominican habit much against the wishes of his influential family
and he immediately moved to the monastery of Santa Sabina in
ST.born
in
Rome. To escape
the continued opposition of his relatives, he set
out for France, but he was overtaken by his brothers and detained
for a year in a fortress. Finally, having withstood all sorts of pressure, the
young novice was allowed
company
of the general of the order he
philosophers";
and thence
to follow his vocation. In the
to Cologne,
went to Paris, the "city of
where from 1248 to 1252
he studied under Albert the Great.
1 Men of
all races, countries, and walks of life converged at Paris in
quest of wisdom. In the cosmopolitan atmosphere of the lecture rooms of
the City on the Seine one could meet the best representatives of medieval
culture:
Abelard from Brittany;
Hugo and
Albert from Germany; John of
III.
112]
The Middle Ages
His theological studies completed, Thomas spent his time
teaching and writing, first in Paris (1252-1259), then in various
parts of Italy (1259-1269), then again in Paris
and
finally in
Naples (1272-1274). At
summoned by Gregory X, he
left
Naples, and with his faithful
companion Reginald of Piperno proceeded
eral Council held in that city.
On
(1269-1272),
the beginning of 1274,
to
Lyons
the journey he
fell
for the
ill.
At
Gen-
his re-
quest he was brought to the Cistercian monastery of Fossanova,
near Terracina.
He
died there, shortly after midnight, on
March
7,
1274, at the age of forty-nine.
THE GREATEST OF THE CHURCH DOCTORS
During
his relatively short life St.
number of books,
all
Thomas wrote an impressive
more than thirty volumes
in Latin, totaling
which he daringly and serenely probed into the deepest
problems of God and man, faith and reason. Science, philosophy,
and theology found in him a perfect synthesis. A passionate seeker
of truth, Thomas indefatigably searched the most diverse doctrines
until he found a common center and reduced them to unity. He
did this despite difficulties and distractions of every kind. Strange
as it may seem, St. Thomas was bitterly attacked by many of his
contemporaries and, more often than not, drawn into the thick of
furious and protracted controversies. He was a man of peace and
enjoyed nothing more than prayer and study in the sacred solitude
of the cloister, but when truth was at stake he never shirked a
fight or compromised with error. Thus he valiantly resisted the
criticism of those who would have excluded philosophic reasoning from the province of theology; against the younger Franciscan
school, he openly declared himself for the primacy of the intellect
over the will; against the theories of Gerard of Abbeville, who
in folio, in
Salisbury,
Roger Bacon, and Duns Scotus from England; Peter, BonaThomas from Italy. Paris was indeed an international aggre-
venture, and
gate of scholarship, a center of learning for the entire Christian world, a
nationum beyond and above the narrow limits of cities,
and kingdoms. One faith, the Catholic; one language, Latin; one
system, Scholasticism; one pursuit, knowledge; and yet all these unifying
elements did not prevent free, exciting, often tumultuous debate; the formation of conflicting schools and currents; the uninhibited airing of new
theories and ideas. See Henry Osborn Taylor, The Mediaeval Mind, Vol.
II (London: Macmillan, 1930).
truly universitas
regions,
Thomas Aquinas
St.
[113
IX.
with others accused the Mendicants of being innovators and egoists, he extolled the perfection of religious life; against the Latin
Averroists of the University of Paris, chief
among them
Siger of
Brabant, he consistently favored a Christian interpretation of Aristotle.
On
some of
certain issues even
his fellow religious
opposed
him, lectured and preached against him, condemned parts of his
doctrines. But the Church was quick to recognize his eminent
sanctity and his exceptional contribution to Catholic philosophy
and theology. John XXII canonized him in 1323. At the Councils
of Lyons, Vienna, Florence, and The Vatican, his doctrine pro-
vided the best refutations of the schismatic Greeks, the heretics,
the rationalists.
the altar
At
the Council of Trent two books were placed
the Bible and the
Thomas was
Summa. On
April 11,
declared a Doctor of the Church. In 1879,
1567,
on
St.
Leo XIII
issued the encyclical Aeterni Patris, which re-presented Thomistic
thought and recommended
it
to Christianity as the
sure the triumph of religion. Shortly afterward, the
most apt to ensame pope pro-
claimed St. Thomas patron of Catholic schools. The succeeding
popesPius X, Benedict XV, Pius XI, Pius XII, John XXIII
added
of the
their unqualified praise of the Angelic Doctor.
new Code
of
Canon Law
Canon 1366
orders instructors in Catholic
St. Thomas' method, doctrine, and principles
and steadfastly adhere to them."
schools to "follow
THE PHILOSOPHER
In the
field of
achievements
is
philosophy, one of
St.
Thomas' outstanding
that of having Christianized
Aristotle.
The
dis-
covery and appropriation of the Stagirite by the Christians was
not exclusively the work of Thomas, but he contributed most to
the difficult task
and brought
to a brilliant conclusion the pains-
taking efforts of his predecessors.
By
the end of the eleventh century practically all of Aristotle's
works were known in the West through the contact of Christian
scholars with Jewish
and Arabian philosophy. Not only Latin
translations of Aristotle
of commentaries
appeared
at that
time but also translations
on him by Arab and Jewish authors. 2 Unfortu-
2 Most illustrious among the Arabs
are Avicenna of Bokhara (d. 1037),
Al Farabi, and Averroes of Cordoba (d. 1198). Of the Jews, Avicebron
(d. 1070) and Maimonides (d. 1204) are well known.
III.
114]
The Middle Ages
had reached the West deformed by translations
and clouded by incorrect interpretations of nonChristian commentators. No wonder then that Aristotle was regarded with suspicion and incurred the condemnation of popes,
nately his thought
of translations
bishops, and theologians.
They translated his works
They corrected the erroneous
interpretations of the Arab commentators, who had appropriated
the Greek philosopher and used him to fight Christian dogma.
The
directly
Scholastics
from the
Against Averroes,
came
to his rescue.
original Greek. 3
whom Thomas
defined "not a peripatetic but a
perverter of peripatetic philosophy," there rose both Dominicans
and Franciscans, and through a careful study of Aristotle's texts
they came to the conclusion that while some of his ideas had to
be rejected, many could be safely endorsed.
It was chiefly St. Thomas who freed Aristotle of opinions
falsely ascribed to
him, clarified those points that lent themselves
to completion his defective theories on
and natural theology. This newly discovered, true and purified Aristotle became a powerful ally of Christian culture, giving
invaluable support to St. Thomas' thesis that theology does not
destroy philosophy and that the rational contribution of the ancients could be reconciled with Christianity and become more ra-
to ambiguity,
and brought
ethics
tional within
it.
the theologian: the summa
In the field of theology, St. Thomas completed the monumental but fragmentary work of the Fathers of the Church and
codified the entire Catholic doctrine.
this or that truth,
not
all errors. St.
not
all truths;
The Fathers had
illustrated
they had refuted this or that error,
Thomas gathered
all
the available material, in-
cluding the best of the pagan philosophers, enriched his findings
with the fruit of his
own
studies,
arranged the scattered parts into
The Ethics to Nicomachus was translated by Robert Grosseteste
(Robertas grossi capitis sed subtilis intellectus) a teacher at Oxford and
later bishop of Lincoln. Other works of Aristotle were translated, at St.
Thomas' request, by the Dominican William of Moerbecke, who also
revised some previous translations.
4 See Anton C. Pegis, St. Thomas Aquinas, On the Truth
of the
Catholic Faith, Summa contra Gentiles (Garden City, N.Y.: Hanover
House, 1955), p. 18. The entire General Introduction is worth reading.
,
St.
Thomas Aquinas
[115
IX.
a systematic whole, clarified what was obscure, demonstrated beyond doubt what had not yet been clearly proved. The astound-
was his Summa Theological a unique masterpiece. One
knows not which to admire more: its order or its beauty, its breving result
or
ity
its
completeness,
The Summa
of
of
is
its
profundity or
its lucidity.
divided into three parts treating, respectively,
God in Himself and as the prime cause of
God as the supreme and final end of all
all
creatures (exitus),
things in general
and
of rational creatures in particular (reditus), of Christ the Saviour
in
Himself and as the way to attain supernatural union with
God
and discussed,
all, 612
2,600 theses defended, 10,000 objections raised and refuted. What
amazes the attentive reader is the author's singleness of purpose,
the rigidity and simplicity of his method, the honesty and cogency
basic questions are presented
(via). In
of his argumentation.
tion;
he never
He
shuns
rests or dallies
all superfluity,
digression, repeti-
on the margin; he never hurries over
or forgets what might have even a remote connection with the sub-
hand; he is constantly aware of how far he has gone, where
he has to go, and there he goes, untired, unperturbed, concerned
only with the truth. His reasoning power is evident in the fourfold division of each article: he states the question, he presents
ject at
the possible objections to his position, he solves the proposed
question, he refutes the objections.
With remarkable intellectual
candor and fairness he hears the difficulties raised by the other
side; he never conceals or plays down the arguments in its favor;
he himself finds new and frightful objections to his own stand, so
much
so that one could easily be misled
were to ignore
The Summa
vincing.
if,
in reading them,
he
their brilliant refutation.
is
One must
not an easy book, but
return to the
Summa
it is
clear, logical,
con-
over and again while read-
numerous commentaries written on it.
In the Summa, as in his other works, St. Thomas shows himself a man of moderation, humility, common sense, and courtesy.
He never raises his voice, he never becomes excited; he knows the
ing the
5 The writing
of the Summa Theologica was begun about 1266 and
was continued at intervals until 1273. That year, after having celebrated
Mass on the feast of St. Nicholas, Thomas said to his intimate friend and
secretary, Reginald of Piperno: "I can do no more. After what God has
revealed to me, I look upon my writings as though they were worthless as
straw." He had reached Question 90 of the Third Part. What follows is
the
work of Reginald.
III.
116]
human
limits of
investigation
The Middle Ages
and discovery, and accepts them; he
notes the probable character of some of his arguments, and when
a proposition is undemonstrable, he admits it; in debating with
adversaries he is invariably patient, kind, understanding, seeking
selfish satisfaction of
not the
winning a point but the Christian
joy of enlightening and converting.
POLITICAL WRITINGS
Thomas'
St.
political
Commentary on
On
treatise
views are contained in the
first
half of the
Aristotle's Politics, in the authentic parts of the
more
Rule of Princes (De regimine principum)
first book and in the first half of the second book
a section of the first division of the second part of the
the
precisely in the
and
in
Summa
Theologica (questions 40 to 108). In other works,
Thomas has
further references to the state, government,
St.
and the
nature of law.
philosophy of St. Thomas must be analyzed
background of two basic Thomistic doctrines: one concerns the end of man, the other concerns law.
The
political
against the
first principle: the
As
two ends
end of man, St. Thomas clearly states the Christian
Man, created by God, is destined to return to Him.
Man's aim is the good the total, universal good, wherein perfect
happiness lies. This good, toward which all human appetites and
to the
position.
actions consciously or unconsciously tend,
union with
God
is
fully realized only in
the infinite, completely satisfying good. There-
end of man is God. Any other aim
not subordinate and conducive to this end is to be rejected as
derogatory to man's dignity; any other aim, the fulfillment of
fore the supreme, ultimate
ment
be
man
God, may be
safely pursued. Enjoy-
of perfect happiness (the knowledge
and love of God)"can
man's earthly
which brings
closer to
fully realized only in heaven, at the conclusion of
existence. To_hglp_ him
work our his
eternal destiny, to assist
him
God, the-Qiurch has been divinely
instituted and provided with rt fi m^"* tn ful&U-<4rig mission. But
even here on earth, ma n legitimately seeks some degree of happiness, consisting, am ong other thin g s, in health, external goods,
in his rational jnoyernent-to
St.
Thomas Aquinas
IX.
[117
and peace. One of the reasons the state exists and functioTrs^rfo~Eelpjnen-attain-this imperfect form of happiness. It folItiwTthat the state may in no way interfere with man's ultimate
end, for the pursuit of the intermediate end must never become
friendship,
an obstacle to the pursuit of the final, ultimate one. Partial happimmTnoTconfiict with total happiness. Furthermore, the state
ness
must create such social conditions as are positive helps to virtuous
and successful living, thus affording man the opportunity to attain
his last goal.
This doctrine establishes, then, a hierarchyjmiong the ends or
aims of
man and
provides the true perspective fQr__a_CQrrecL_ap-
praisal of th^lhteTreTatlon^rSie^supernatural
and the
natural, the
mo7aT^noTTTie political order. The
latter definitely plays a
second-
ary ancTsubordinafe role.
second principle: the nature of law
The other Thomistic
if
doctrine, constantly to be kept in
one would well understand
St.
Thomas'
political thought, is
cerned with law. Sixteen questions in the
devoted to
it
Summa
con-
Theologica are
eleven to divine positive law, one to eternal law, one
to natural law,
and three
to
human
law.
In the beginning there is^nlyjjod
the Truth, the Rule, the
Standard. His divine reason^ His divine wisdom,
mind
is
the eternal
law governing Jhe wjiolg_of cre ation^dkecting all actions
an d motions; a law not made but eternally existing anrl identical
with God's very being, therefore unknowable to man in its entiretv~ang ye t the source orarnriielaw_Qn--&arth. Ultimately, right
and wrong in the practical field of man's actions depend on
whether or not these actions conform to eternal law.
Man's rat ional nature allo ws him to have a share o f the Eternal Reason. This human participation in the divine, this practical
law
light, is what Si Thomas calls
bo th in its first, most gen eral principles
derived concjmio ns, man is provided with an
reflection in us of the
naUirajJaw. Through
and
in their closely
heavenly
it,
obj ective, changeless7~universal rule of action. In
precept, natural law
in other words, to
com mands man
to
its
fundamental
do good and avoid
evil, or,
be himself and rationally follow his natural inclinations in order to reach his natural end, which is happiness.
In addition to natural law, St. Thomas distinguishes three
118]
III.
The Middle Ages
kinds of positiyej aw: the divine, the ecclesiastical
Posit^Ta^TIn~geng ral
for the
common
is
an44he-civil.
de_nnejiJ3yJiim-^i-^n-Qdinance of reason
good, promulgated by him
who
has charge of the
community. Divine positive law, another derivation of eternal law,
proceeds from God as legislator. It supplemems^eJimitations of
human
made known to man at differRevelation as the mode of promulga-
reason and consists of rules
ent periods in history with
These rules are contained in Holy Scripture and Tradition.
law is 4he body of rules made by the human legis-
tion.
Ecclesiastical
lators in the
is
Church
for the_spiritual
welfare
of the Christians. It
a derivation and determination both of n atural and divine posi-
tive law. Civil law, the
law issued by the
legislator jn the state, is
a derivationTand determination of naturaTlaw;Jt applies the latter
more
specificallyto particular circumstances; it "corrects" the law
of nature, that
is,
its
lack of suffic ient determination for applica-
by supply ing what is wanting jn natural l aw; to it
belong "those things which are derived from the law of nature by
tion to action,
way
of particular determination."
is just only if and when it conforms
law both as to end and as to means. A law of the state
(or a law of the Church) thaT^ountenFlTfEinciple or violates a
precept of natural law is no law at all. For no human law can
validly exist without justice; and jugti ce consists in con formity to
the rules of right reason; and the first rule of right reason is the
law orHJatureT^This~ls~~w?[ariSt7^1homaTlhiplies when he states
simply that law is a dictate of reason.
It4s evident that civil law
to natural
ORIGIN OF THE STATE
In his treatment of specific political questions,
St.
Thomas
be-
problem of the origin of the state. "ItJ&jiaftiral for
man to_be a social^jn^^pDHtical^nimaUlXMan is sociable, society
requires order, order requires government: hence the need for the
indivIduaiVlntegration into"~sbciety in general and into political
gins with the
6 S.T., I-II,
Q. 95, art. 4. Selections from the Summa Theologica are
taken from the translation of the Fathers of the English Dominican
Province (New York: Benziger Brothers, Inc., 1947, 1948). 3 vols.
7 De regimine principum, Book
I, chap. 1. Selections from De regimine
principum are taken from the translation of Gerald B. Phelan (Toronto:
Pontifical Institute of Medieval Studies, 1949).
Thomas Aquinas
St.
society in particular
if
he
[119
IX.
to
is
be able tn
attain personal perfec-
tion and benefit by a nd contribute tojhe^gnunon good~ It is so naturaTfor man to live in society under law that,
even
would necessarily
have existed, although without the present coercive element. Man's
nature did not change essentially with original sin. It was the same
in the Garden of Eden; then too it was social and consequently
and
in the state of innocence, social
in
need of a
politically
political life
organized society.
Here, in proving his point,
St.
Thomas
closely follows both
and medieval thought. In addition he presents an argument not yet mentioned by the Greek and Christian philosophers
although tied to the traditional view of man's social character^ If a
man is superior to^ojhers 4n-knowledge and prudence, it is unwise
not to^lace_&e^e_a^els_at-the- service-ef-the community.
Aristotle
AUTHORITY IN THE STATE
8
"In every group there must be some governing power"
to
look after those things that concern the good of the community
and
common
toward the proper goal.
The very reasjon(direetly flowing from natural law) that
to channel
efforts
re-
quires -and justifies authorftyr acts as a restraining force in the
exercise of the same.
What
necessitates authority limits
Government must be directed
to the
common
private goocTof the rulef,~irts unjust
takes
makes
difference.
little
are good_piovide d they
or jmoh-Hile.
The
good.
as well.
seeks the
and perverted. The form
Monarch y,
aristo cracy^jpolity
The
criterion remains the
is
that oi:jusl_and
same: whether or
not the one or the several or the multitude_r ule forihe_jgood of
~As to the relative merits~oTeach specific form,
no doubt by the
influenced
it
all
d o not d egenerate intcLtyranny, oligarchy,
distinction that really counts
unjust governments.
it
If it
St.
all.
Thomas,
political institutions of his time, seems,
at least in theory. 9
togive the edge to mgnarchv the just power
according to law, both natural and divine positive, exercised by
onejaloie _However, in his concern for lhe^reventioh~of abuses
and the establishment of guarantees against arbitrary rule, he
i
wisely proposes an elective
monarchy
s ibid.
See S.T., III, Q. 95,
art. 4.
to give the people an op-
120]
The Middle Ages
III.
portunity to choose the best candidate andJo_place, if needed,
b^ pmyp.r In addition, he advises a tempering
newjgstrictJQns on
power by blending
of the royal
it
with aristocratic and democratic
elementsTLet one alone command, but
let
many
participate in the
government according to their abilities. And let it never be forgotten that all may be elected to power and that the right to elect
the rulers
When
is
the right of the people. 10
royal
power becomes
corrupt,
it
gives rise to the worst
form of government-zzityranny, the p oweroi one wEcTseeks his
ownrprlv ate~interests and controls J)y. force instead of ruling with
justice _In_his_a!iscussion of tyranny and the limits of obedience to
!
Thomas carefully distinguishes between principles and
One principle concerns the individual subjects; ancommunity as a whole. When the tyrant commands
tyrants, St.
techniques.
other, the
what a superior law, natural or positive, forbids, the subject is
bound to disobey. When the tyrant commands what is clearly outside his jurisdiction, the subject is not bound to obey. As to the
community's attitude toward tyrannical rule, Thomas argues that
the people who choose or elect their king also have the power to
depose him if he rules unjustly. For St. Thomas, authority is in the
nature of a
trust.
When
the king uses
it
despotically,
he deserves
whereby power was granted him.
11
St. Thomas is extremely clear on this point.
He could never have
subscribed to the later theory of the divine right of kings and its
conclusion that the only recourse against despotic power is humthat the people rescind the pact
10 St. Thomas believed that the right to choose rulers, that is, to
self-government through elected magistrates, belongs to the people, but that
was to be denied them if they proved unfit to exercise
See S.T., III, Q. 97, art. 1.
11 "It must not be thought that such a multitude is acting unfaithfully in deposing the tyrant, even though it had previously subjected itself
the use of this right
it.
him in perpetuity; because he himself has deserved that the covenant
with his subjects should not be kept." {De regimine principum, Book I,
to
This startling reference to a covenant or pact has nothing in
with the contractual theories of Hobbes and Rousseau. St. Thomas
speaks here of the contract implied in the"ruler's election a contract by
chap. 6.)
common
which the actual exercise of power is conferred by the people, a contract
rescindable when the government does not observe its express or implicit
conditions. There is no question here of the very power of the state. This
power,
this
essential
of God.
It is
principle of authority,
resides
in the
Q. 90, art. 3) by a law of nature.
not the product of a pact. It is inalienable.
multitudinis" ; S.T.,
I-II,
people
It is
("ius
ordained
Thomas Aquinas
St.
[121
IX.
ble petition for redress or fervent prayer to
conversion.
The question
how
to deal with
of techniques
him
how
God
for the tyrant's
to get rid of the tyrant or
in particular instances
is
one of
social
and
political prudence. All the elements must be weighed in each specific
case and the course of action adopted that will best redeem
the situation.
To
allow the killing of tyrants by citizens on their
private presumption
turbulent a most
is
and the
government
to offer the wicked, the dissatisfied,
welcome pretext
they dislike, especially the good.
for upsetting any
To
permit popular revolts, par-
motion an unconevil one attempts to remedy. Revolutions do not always succeed; and then
the tyrant rages the more. Revolutions may succeed; but then their
outcome may be the rise of a tyrant more terrible than the overticularly against
minor tyrannies,
is
trollable chain of reactions usually
to set in
worse than the
thrown.
Thomas
St.
make
trariness.
Then
measures that will
government
good
to degenerate into arbi-
definitely favors preventative
difficult for
it
if,
notwithstanding, tyranny sets
in,
the task of
casting out the tyrant, or even of killing him, should not be left to
private initiative but reserved to
justice
some public authority
acting with
and prudence.
Most of the time, St. Thomas seems to imply, people have the
government they deserve. If they really want to, if they use their
power wisely, they can control the government, prevent its perversion, or set things right again in
an orderly manner.
END OF THE STATE AND FUNCTIONS OF
GOVERNMENT
For St. Thomas, as we have seen, the true end of the state is
promote the good life o fjts_xitizens. This good life consists, first
ancTfundamentally, in action according to virtue and, secondly and
to
IQStrUfflentajlVTTffR^iTffirienry nf matprial gnnTTrTrri peryTtiv p. for vir-
tuous action. Government, therefore, which expresses and enforces
thejwiiroflhe_^tate, must stimoJsies^lish^mmtam^j^hnprove
the good life of its subjects.
To
establish virtuous living in a multitude three things are necessary:
First of
all,
that the multitude be established in the unity of peace.
122]
III.
The Middle Ages
Second, that the multitude thus united in the bond of peace, be guided
to good deeds. ... In the third place, it is necessary that there be at
hand a sufficient supply of the things required for proper living, pro-
cured by the ruler's
efforts. 12
The mainten ance of the g oodjjfe^places three responsibilities
on the ruIerTTirst, he mustsee that compe tenLmeriJeplace those
J
offic4als-^io r3ecome incapable ofor unfit for pu blic duties; secondly, by laws and commands and the meting out of just rewards
and punishments, he must keep his subjects frorrTwickedness and
lead them ta^cirks^ofrirtue;jEiraiyLh^niusLkeep his people safe
kingfrom the^nerme^Pwffnoul^
dom. Finally, for the betterment of the good life of its citizens, the
government should be constantly alert to c orrect wha tever is wrong,
supply whateverisjacking andA in general, perfect whatever can be
improved^
Specifically in regard to the legislative function of the state, St.
Thomas
above quoted definition establishes the conditions
must be reasonable, that is,
just, by reason of its conforming to both natural and divine positive law and taking into account the customs, practices, and menin the
essential to the notion of civil law. It
tality
of those for
whom
it is
enacted. It must be for the
common
human needs and
wishes in a sort
of universal, average way; framed for the whole
community and
good, that
is,
proportioned to
not tailored to any individual; suited to the ordinary conditions of
the subjects in such a
manner
that they
may
enjoy peace and be
given the opportunity to achieve happiness and
work
for perfec-
must be made by the legitimate authority, that is, it must
be the work of the whole community or of those to whom the community power has been delegated, for law is in the nature of a direction to an end, and "direction to an end belongs to the one for
whom that end is the goal, to whom that end belongs; and the end
of the state is not the property of any individual but of the community." 13 Finally, the law must be authoritatively promulgated
by the legislator, that is, made known by a public act to those it
tion. It
affects.
law
fulfilling
those subject to
its
12
De
13
Walter Farrell,
these four conditions binds in conscience
authority and
regimine principum,
Ward, 1945), Vol.
II,
Book
A Companion
pp. 370, 371.
I,
is
all
enforceable with sanctions.
chap. 15.
to the
Summa (New
York: Sheed
&
Thomas Aquinas
St.
IX.
[123
and punishable with proporand death. On the contrary,
essentials
is null and void.
of
these
any
one
a law lacking
Disobedience to such a law
is
sinful
tionate penalties, including mutilation
CHURCH AND STATE RELATIONS
St.
Thomasjsjor
the suhoxdination-o^ the state to the Church,
although^he_do^s_jioi--speifieally-set the limits of this subjection.
His' view
fits
on the matter.
the traditional medieval doctrine
avoids the exaggerations of the curialists, and
is
He
not for the direct
power of the Church in temporalibus the theory defended by
John of Salisbury and Aegidius Romanus. Thomas leans rather toward the indirect power theory to be formulated by Cardinal Bellarmine.
St.
Thomas' view, although strongly colored by the
framework,
is
historical
a logical conclusion of his basic theory of thejtwo
ends of man, which are the affair^L^MeandJZ!hurxb_resp^^ively.
"Man, by
living virtuously, is ordained to a higher end,
of the enjoyment of
sists
14
God."
which con-
Therefore the end of the state
(the promotion of virtuous living), important as
it is,
remains per-
force a subordinate, intermediate one.
Now
is
the higher the end to which a government
is
ordained, the loftier
we always find that the one to whom it pertains
end, commands those who execute the things that
that government; for
to achieve the final
are ordained to that end. 15
the
Consequently to the head of the Church, the vicar of Christ,
Roman Pontiff, who by divine ordinance has been entrusted
the task of leading
tian people are to
man
to his last end, "all the kings of the Chris-
be subject as to Our Lord Jesus Christ"
16
even
when these relate to eternal salvation "in his
quae ad salutem animarum pertinent." 17
It is evident that here St. Thomas has the confessional state in
mind. Incidentally, it is to such a state that he refers when he de-
in temporal matters
toward infidels, heretics, and apostates.
For those who have never received the faith there must be tolerance and kind treatment; not so for those who have lapsed into
fines the ruler's attitude
14
De
regimine principum,
15 Ibid.
W Commentary
Book
I,
chap. 14.
ie Ibid.
on the Sentences of Peter Lombard, n, 44.
124]
III.
heresy and apostasy.
He
The Middle Ages
does not hesitate to approve capital pun-
ishment for heretics and apostates who wilfully persist in their rebellion against the Church. Bearing out this same principle, St.
Thomas, while granting the Jews civil rights according
of nature, denies them political rights. In a Christian
are not citizens in the full sense of the term and cannot
to the
law
state they
participate
in government.
INTERNATIONAL LAW
St.
Thomas speaks
of a ius gentium, with precepts closely de-
riv ed from~natural lav/
common
to
cepts of this ius
refer to
i nterstate
and
gentium
all
nations.
N ot
all
rel ations,
the pre-
but even
those that do, such as the obligation to observe pacts, to respect the
inviolability of legates, to spare
women and
no means coextensive with the content
children in war, are
by
of international law as we,
ternational law later
They certainly do however
They are the germs of that indeveloped by the Spaniards Vitoria and
Suarez and the Dutch
Hugo
in a fuller sense, understand
constitute
A
treated
its
today.
it
natural foundation.
Grotius.
more thoroughly
War, even an offen-
question bearing on international law
by
Thomas
St.
is
the question of war.
and may, under the following three
war must be declared by the
prince or ruler who governs the community. It may never be waged
by private persons on their own initiative, for when engaged in
litigations they can always submit their conflicting claims to a
higher authority. Secondly, war must be waged for a just cause,
that is, it must have been deserved by the enemy for some grave
fault. Thirdly, the warring power must have and maintain a good
intention
in general, that of correcting an abuse and laying the
foundation for a just and lasting peace. A spirit of revenge, excessive war,
is
conditions,
not in
become
itself evil
legitimate. First,
sive cruelty in the
an armistice,
conduct of
hostilities,
supremacy
render unjust even an otherwise
lust for
18
unreasonable refusal of
these are evil intents that
justifiable
would
war. 18
For recent views of the problem of war within the perilous permodern age, see J. T. Delos, "The Sociology of Modern
War and the Theory of Just War," Cross Currents, VIII, No. 3 (Summer,
1958), 248-266; J. C. Murray, "Remarks on the Moral Problem of War,"
Theological Studies, XX (March, 1959), 40-61; C. S. Thompson, ed.,
Morals and Missiles (London: J. Clarke and Co., 1959).
spectives of the
St.
Thomas Aquinas
[125
IX.
SELECTED BIBLIOGRAPHY
*
Aquinas, St. Thomas. Treatise on Law and Truth and
Chicago: Gateway Books, 1956 (Chicago, 1949).
Bigongiari, D. (ed.) The Political Ideas of Saint
Falsity.
Thomas Aquinas.
New York: Hafner, 1953.
D'Entreves, A. P. (ed.) Aquinas, Selected Political Writings. Trans.
J. G. Dawson. Oxford: Blackwell, 1948.
Gilby, T. The Political Thought of Thomas Aquinas. Chicago:
University of Chicago Press, 1958.
Gilson, E. The Christian Philosophy of
York: Random House, 1956.
St.
Thomas Aquinas. New
Hutchins, R. M. Saint Thomas and the World
Marquette University Press, 1949.
State.
Milwaukee:
chapter x
Dante
LIFE
DANTE ALIGHIERI was born toward the end of May
1265
between Guelfs and Ghibellines. 1 He
lost his parents at a very young age. When a boy of nine, he met
Beatrice, a year younger than himself, and from that time he never
in a Florence divided
ceased to love her deeply though she never encouraged his atten-
and eventually married someone
tions
else.
She died June
but even after death she continued to inspire him.
immortalized her in the sonnets of his Vita
of his Divine
own
and
Comedy. In 1288,
1,
1290,
A grateful Dante
Nuova and
the cantos
true to family tradition
and
his
bent, he joined the Guelfs against the Ghibellines of Arezzo;
battle of Campaldino, which
1295 Dante married Gemma
dei Donati, by whom he had several children. That same year he
began to be active in the administration of Florence and to engage
in earnest in political life. In 1300, from June 15 to August 15, he
in
1289 he fought in the bloody
resulted in a Florentine victory. In
rulers,
Absolute Guelfism stood for total subordination of all temporal
emperor included, to the pope. Absolute Ghibellinism wanted
prelates subject
pope as
little
thirteenth
first
and foremost to the
more than
political authority
and saw the
the chaplain of the emperor. In the Italy of the
and fourteenth
centuries,
however,
these
served purposes and ends purely selfish and personal.
party
labels
often
Dante X.
[127
was one of the six priors (the city's highest magistrates); and toward the end of 1301 he was sent to Rome, with two others, as
ambassador to Pope Boniface VIII.
After the battle of Campaldino, the Florentine Guelfs had split
into two bitter factions: the nobles or Neri led by the Donati, and
the plebeians or Bianchi led by the Cerchi. Dante's sympathy was
with the Bianchi, who seemed to him more efficiently committed to
restoring peace. But their conciliatory attitude toward the Ghibelaroused the suspicion of Boniface VIII that he called a
French prince, Charles of Valois, to Italy. Charles was to go to
Florence and assay the chances of the right wing Guelfs for undivided power. It was while he was on his way there that the government of Florence, then in the hands of the Bianchi, decided to send
Dante and two other emissaries to Boniface VIII. The embassy was
to convince the pope of Florence's adherence to Guelf traditions
and of her ready acceptance of the pope's overlordship in Tuscany.
At the same time the Florentines could voice their fears about the
proposed action of Charles of Valois. The factious Neri, if allowed
lines so
to return to power, would plunge the city into civil war. Boniface
VIII would more safely rely on the constitutional, moderate power
of the Bianchi.
The embassy failed. While two of the ambassadors returned
to report on negotiations and Dante remained at the papal
home
court, Charles of Valois entered Florence.
He
threw the weight of
sword on the side of the Neri and had stiff sentences pronounced against the leaders of the Bianchi. Dante was himself accused of political corruption, heavily fined, exiled for two years,
and excluded for life from public office. Shortly afterward, on May
10, 1302, he was sentenced in absentia to death. Thus, he was
his
locked out of his beloved Florence, never to enter
Homeless, Dante wandered from
city to city,
it
again.
"a somber guest,
always finding the bread of hospitality bitter," hoping always,
vainly, to return to his "fair sheepfold." In his long exile
if
he con-
men who like him were victims of the Guelf reaction,
and to many he seemed to have embraced Ghibelline ideas and encouraged Ghibelline activities. In reality so great a soul could not
feel at home within the narrow limits of any partisan coterie. One
could say with Ozanam that on some issues he was a Guelf and on
others a Ghibelline. Dante was a Guelf in his respect for the
Church, his dislike for feudalism and the inheritability of offices
sorted with
128]
and
III.
The Middle Ages
He was a Ghibelemperor and the monarchic principle
enmity toward France, his intolerance of the
privileges, his horror of foreign domination.
line in his reverence for the
he embodied,
his
Church's intervention in purely political matters. Neither Guelf nor
Ghibelline, "he did not wander, an irresolute deserter, between the
two rival camps; he set up his tent on independent ground, not that
he might repose in an indifferent neutrality but that he might fight
out the fight alone, with
genius."
all
the strength of his
own
individual
Dante died
Ravenna, probably of malaria, on September 14,
fifty-six. It was not an advanced age, but the
greatness of a life is to be viewed not in terms of years but in terms
of accomplishments. His were many
all great and vast and splendid; each bears the imprint of a prodigious mind. It is in his
in
1321, at the age of
Comedy
that at least once in the history of mankind divine wisdom
and supernatural truth found expression in words of almost un-
surpassable beauty.
MONARCHIA
In October 1310, Henry VII of
Germany
into Italy, there to receive the imperial
crossed the Alps
crown and
re-establish a
needed peace among the Italian republics. From Avignon,
Pope Clement V hailed him as the "defender of the Church," and
Dante was elated at the prospect of a lasting reconciliation between
the two highest powers and the end of the internecine struggles
sorely
that
had so long tortured the peninsula.
On
and peoples
announced an era of harmony and joy, and exhorted
welcome the pacifier sent by God. But his words fell on deaf
that occasion, in a Latin letter to the princes
of Italy, he
all
to
ears. Instead of laying
bickered and fought
down
fratricidal arms, the various factions
became the center of
emperor as other Guelf cities and princes rallied
Dante, in Tuscany at the time, wrote another Latin
all
the more. Florence
resistance to the
around
letter,
her.
dated
March
31, 1311, censuring the "very scelerate" Flor-
entines for their opposition to God's minister.
A few days later,
April 17, he wrote to Henry VII begging him to
come without
on
de-
2 F. Ozanam, Dante
and Catholic Philosophy in the Thirteenth
Century, trans, by L. A. Pychowska (New York: The Cathedral Library
Association, 1913), pp. 381, 382.
Dante X.
[129
lay to punish the rebellious Florence,
who
in attacking
Rome,
seat
was viperously turning on her own mother. Returning to the concepts expressed in these three epistles, Dante systematized them, probably between the years 1310 and 1312, in the
famous Latin treatise Monarchia.
The treatise is divided into three books. In the first, Dante
of the empire,
proves his basic assumption that a universal empire
is
indispen-
sable to the well-being of mankind. According to him, the proper
goal of man, individually or collectively considered,
is
realization of his intellectual potentialities, both in the
ulation
and the way of
action. This
is
the constant
way
of spec-
possible only in an atmos-
phere of universal peace and harmony. World peace, in turn, can
be secured and maintained only through world empire. Finally, the
form of such a universal empire is monarchy the rule of one
prince over
all.
Without mentioning Pierre Dubois, Dante refutes
his
argu-
ments for universal peace through federation and arbitration. 3 Only
a single supreme ruler can authoritatively settle disputes between
states.
Between any two governments, neither of which is in any way subordinate to the other, contention can arise either through their own
fault or that of their subjects. This is evident. And since neither can
know
the affairs of the other, not being subordinated
equals there
is
no authority), there must be a
which can rule both within
its
own
third
(for
among
and wider power
jurisdiction. 4
is the monarch or emperor, who, furthermore,
power and his freedom from fear and cupidity, is
best position to serve the people unselfishly and to main-
This third power
by reason of
in the
3 Pierre
entitled
On
his
Dubois (about 1250-1312), a French lawyer, in a pamphlet
Holy Land (1306), presented his plan for
the Recovery of the
the establishment of universal peace through Christendom.
He
suggested
convoked by the pope and attended by all prelates and Christian princes. This council was to outlaw war among its
members and set up an arbitral tribunal from whose decisions there should
be no appeal but to the pope himself. Dubois' project implied the abolition of imperial prerogative and a position of pre-eminence for the French
that a general council be
king.
4
Monarchy, Book I, 10. Selections from Monarchia are taken from
of H. W. Schneider in On World-Government or De
Monarchia by Dante Alighieri (New York: Liberal Arts Press, 1950).
the
translation
130]
III.
between
tain
men and between
The Middle Ages
states perfect justice, the infallible
source of peace and liberty.
In the second book Dante proves the existence of a universal
empire in the
Roman
Romans
God (who as man went so far as posilegitimacy of Roman rule by submitting to
Empire. Founded by the ancient
with the consent and help of
tively to recognize the
death under Pilate, the agent of Tiberius),
the Christian world and
and
in their
is still
it
was
duly invested in the
their legacy to
Roman
people
emperor.
Here Dante betrays his love for Italy and his pride in being
Italian. For him the empire is Roman and Italian. "The Roman
people was ordained by nature for rule." 5 It matters little that at
German
The empire, by a natural
the time, through a transitory delegation of powers, the
princes are the electors of the emperor.
is Roman, and the emperor therefore a Roman
supreme pontiff is a Roman bishop. Rome is the
seat of Caesar and of Peter. Thus is Dante's cosmopolitanism
colored and informed by the flame of his patriotic passion, and his
belief in the universal mission of Rome, in both the spiritual and
the temporal order, stated in no uncertain terms. 6
In the third book Dante comes to grips with the question:
"Does the authority of the Roman ruler, who ... is the de jure
ruler of the world, come directly from God or through some vicar
or minister of God, I mean Peter's successor, who truly holds the
keys to the kingdom of heaven?" 7 In his answer Dante bitterly
and
historic right,
prince, just as the
contests the exaggerated claims of the curialists.
5 Ibid.,
Book
II, 7.
different interpretation
is
The author
of
Roman-
given Dante's
ism by Dino Bigongiari: "For the Romans of his day Dante had nothing
but contempt. What counted for him was the ancient city as it survived
under Christian dispensation; he hoped for the restoration of the old
Roman
virtues, the return of the old
Humanism
the love of Ancient
in all
Italy
its
Rome, pagan though
glory, but as the capitol
must abandon
its
nationalistic
part of the world empire.
the 'Garden of the Empire.' "
Dante
Roman
prestige.
or Classicism in this political doctrine.
Thus there
What
is
inflames
much
him
is
must be revived,
of the World, not as an Italian city.
aspirations, must accept its position as
it
had been.
Italy will again
It
be great, yes! but only as
{On World-Government or De Monorchia by
Alighieri, Introduction, xiv.)
This underlying motive of Dante's political thought recurs in Convivio IV, 5 and in the Divine Comedy, particularly in the canto of Justinian, Paradiso, VI.
7
Monarchy, Book
III,
1.
Dante X.
[131
Monarchia denies any subjection
temporal
The emperor's
affairs.
mediately from
God and
of the empire to the
papacy
in
authority derives directly and im-
exercised in complete independence of
is
papal jurisdiction.
These are the main
lines of the treatise.
But
in presenting
and
defending his three theses, Dante touches on various other matters
of interest to the student of politics.
CHARACTERISTICS OF THE WORLD EMPIRE
First of
Dante
all,
sees the entire universe within the
bond
of
is one by nature. There is one God in
one flock on earth. Empire and Church do not
divide the flock, for emperor and pope are moved by a parallel
and concord will; and though sharply distinct and autonomous in
their respective functions, they are united by one love for God and
man.
Secondly, the universal empire (and any government for that
matter) is not an arbitrary rule. Its foundation is not primarily
force but wisdom; its chief characteristic, not despotism but looking after the people's true interests. "For citizens do not live for
their representatives nor peoples for their kings, but on the contrary, representatives exist for citizens and kings for peoples." 8 In
regard to the end of government, kings and rulers, even the emperor, are to be the servants of all.
The human
unity.
heaven and there
race
is
Thirdly, the universal
states.
Rather,
it is
monarchy does not exclude individual
emperor that per-
the unique authority of the
mits their existence and peaceful coexistence.
tion
is
Its
global jurisdic-
directed not to violating the peoples' freedoms
cities' liberties,
and the
but to safeguarding them so that true justice
may
reign everywhere.
Fourthly, the power of the
monarch does not extend
to the in-
terior court of conscience or to the internal constitution of the
Church.
On
the contrary, the church
in its origin, inviolable in
is
its
recognized as a distinct power, divine
action; the priesthood
(each independent of the other in
8 Ibid.,
Book
I,
12.
its
own
and the empire
sphere) are actually sub-
132]
III.
The Middle Ages
ordinated, the one to the other, in their relations: the pontiff is the
temporal vassal of Caesar, but the emperor is of the spiritual flock of
St. Peter. 9
In
fact, in the closing lines of
Monarchia, Dante cautions against
so narrow a reception of the truths he presents as
in certain matters the
pontiff.
Roman
prince
is
would deny
subject to the
"Caesar therefore owes to Peter the piety which a
born son owes to
that
Roman
first-
10
his father."
UNCOMPROMISING ATTITUDE
Monarchia
rected against
is
all
a polemical
work
who oppose
the
if
only in the sense that
Roman
it is
empire and deny
its
di-
in-
dependence of the papacy and its immediate dependence on God.
Monarchia repudiates, above all, the alleged claims of the Roman
Curia. When the treatise was being written, Boniface VIII had already died, much water had since flowed under the arches of the
Tiber, and the popes had ignominiously left Rome for the gilded
prison of Avignon. This should have been sufficient warning to
anyone who loved the Church not to trust too implicitly in kings,
princes, and emperors; but Dante was still smarting under the
wounds inflicted on him by what he sincerely believed to be the
unfortunate policy of Boniface VIII. This explains his uncompromising attitude, his fierce determination to draw a sharp line of
demarcation, practically to dig a trench, between the ecclesiastical
and the political power.
One cannot doubt Dante's good intentions in his attempt to
solve a controversy that had divided lawyers, philosophers, and
statesmen more than three centuries. But one must also aver that
Dante failed somewhat in translating those intentions into principles. His insistence on the absolute separation of the two powers,
on splitting philosophy and theology, on releasing the emperor
from all earthly restraint, on placing man's heavenly and worldly
happiness on a quasi-equal plane was actually or could at least
easily have become the first step toward the proclamation of the
complete autonomy of reason, the unlimited sovereignty of the
state, the naturalistic and secularist view of human existence.
Without a doubt Dante would have been the first to react to
9
Ozanam,
op.
cit.,
p. 3.
10
Monarchy, Book
III,
16.
Dante X.
[133
such heretical conclusions, just as he would have vigorously reany attempt of the Church's enemies to distort his views and
sisted
enlist
him
in their ranks.
But the
fact remains that in his legitimate
concern to prevent possible abuses on the part of the Church (in
which he faithfully believed and which he fervently loved) he went
so far as to overlook the flagrant abuses
The Church, aware
vited.
if
only germinally, in his treatise,
1554
to half a century ago
some of
his principles in-
of the dangerous principles contained,
had
it
condemned Monarchia, and from
on the Index of Forbidden Books.
BENEDICT XV ON DANTE
Recently Dante had the exceptional honor of being the subject
of a papal encyclical.
XV
Benedict
For the
sixth centenary of his death,
Pope
wrote of him and his works in glowing terms. The
pope praised the purity of Dante's Catholic faith; his constant reliance on Scripture, on the Councils, on the Church Fathers and
Doctors; his burning love for the see of Rome and the papal office.
The pope was not blind to Dante's bitter and scornful indictments
of the pontiffs of his time, particularly in the Divine
he found
this
Let us see what led him to this attitude.
Some
Comedy; but
easy to explain, understand, and forgive:
First, political differences.
of these popes, he was persuaded, were supporters of the fac-
which had expelled him and kept him expelled, from home and
Unmeasured speech, sign of a deeply wounded soul, can
surely be forgiven in a man tossed on such mighty floods of adverse
tion
fatherland.
fortune. Secondly, rumor, as always, so then, led
worst of his enemies. Thirdly,
which
who
will
him
to think the
deny that human weakness,
had its effects on ecclesiastical persons of Dante's
But Dante's indignant complaints and vituperations, based
on truth or not, never in any way diminished the honor he owed to
the Church, the obedience he paid to the Supreme Keys. Listen to the
words wherewith he begins the defense of his own political philosophy: I enter upon this work "with that feeling of reverence which a
loving son owes to his father and mother, with love for Christ, love
for the Church, love for the Shepherd, love for all who profess the
Christian religion, concerned only for the truth that leads to salvatime?
is
universal,
.
tion." 11
11 Encyclical on Dante by Benedict XV, quoted in Dante Theologian
by Patrick Cummins (St. Louis, Mo.: B. Herder, 1948), pp. 5-12.
134]
III.
DANTE, A MODERN
MAN
In his encyclical, Benedict
utters a meaningful
ern
man on
political
The Middle Ages
XV
also observes that
message for our own
age.
He
several counts, the least of which
view of the universe. Some
critics
is
Dante
still
indeed a mod-
certainly not his
is
have termed Dante's
preoccupation with unity and peace an idle and idealistic dream.
But a sober appraisal of the human
situation leads
one to see in
Dante's vision a prophetic illumination of the future, a genial anticipation of things to
come.
If
Dante
is
Utopian, everyone
the aspiration to a peaceful coexistence of
urally in all hearts; universal peace
realization,
is,
men and
is
for
states is nat-
in fact, a necessity.
On
its
one way or another, depends the very survival of the
civilized world.
SELECTED BIBLIOGRAPHY
*
Dante. On World Government (De Monorchia) Trans, by H. W.
Schneider. Introd. by D. Bigongiari. 2nd ed. rev. New York:
.
Liberal Arts Press, 1957.
Monarchy and Three Political Letters.
York: Noonday Press, 1955.
Introd.
by D. Nicholl.
New
D'Entreves, A. P. Dante as a Political Thinker. London and New
York: Oxford University Press, 1952.
Fox, R. M. Dante Lights the Way. Milwaukee: Bruce Publishing
Company, 1958.
Gilson, E. Dante the Philosopher. New York: Sheed & Ward, 1949.
Rolbiecki, J. J. The Political Philosophy of Dante Alighieri. Washington:
The Catholic University of America
Press, 1921.
chapter
xi
Marsilius of Padua
LIFE
THE son
Bonmatteo dei Mainardini, a notary at the UniPadua, Marsilius was born in that prosperous and
between 1275 and 1280. His studies covered a wide
of
versity of
learned city
range of subjects: law, philosophy, theology, and medicine. For a
months (December 1312 to March 1313)
he was rector of the University of Paris. In 1315 he was appointed
canon in his native city by the newly elected Pope John XXII,
statutory period of three
whom
he later so furiously attacked (but he was then and always
remained a layman). In 1319 Marsilius traveled through Italy
as agent of Can Grande della Scala and Matteo Visconti to promote the Ghibelline League. He returned to Paris, where he lectured on philosophy and practiced medicine. In the meantime he
his most famous work, the Defensor Pads. He finished
June 24, 1324. When it became known in 1326 that he was the
author, he had to leave Paris. He sought refuge in Nuremberg at
the court of Louis of Bavaria. John of Jandun fled with him.
was writing
and supporter, and this led many erroneously
of the Defensor or at least greatly to
exaggerate whatever part he had in its composition. In 1327 both
were declared heretics. That same year Louis marched against
the pope and took Marsilius along as spiritual adviser. In January
John was
to believe
his friend
him co-author
136]
III.
The Middle Ages
1328, Louis entered Rome, deposed John XXII, had himself
crowned emperor by Sciarra Colonna, the "representative" of the
Roman people, appointed an antipope, and violently persecuted
the clergy loyal to John. Marsilius became the spiritual vicar of the
city. Soon, however, the people of Rome revolted and obliged the
emperor to leave. Marsilius also left. He returned to Nuremberg
and spent the rest of his life at the court. The date of his death is
not known, but in the public consistory of April 10, 1343, Clement
VI spoke of him (the worst heretic he had ever known, the pope
said) as deceased.
THE DEFENSOR PACIS
The Defensor Pacis
Discourse
civil
peace and
established
divided into three parts or Discourses.
is
in nineteen chapters, deals with "the general causes of
I,
strife as
by reason."
shown by
*
"the singular cause of civil
tude of power."
the normal structure of the state
Discourse
strife
Discourse
II, in thirty
chapters, treats of
the claim of the papacy to pleni-
III, in
three chapters, contains a re-
view of the principal aims and conclusions of the two preceding
parts.
Viewed in its entirety, the Defensor is mainly directed against
Church and the Roman pontiff. Its tones and overtones are decidedly secularistic if not altogether antireligious. The author's
dream is to set up a unitary state, similar in structure to the free
the
Italian cities
and the French national monarchy, sovereign
in
both
temporal and spiritual matters, holding sway over lay persons and
prelates. Consequently, the
Defensor overthrows the Church hier-
archy, abolishes the privileges
and immunities of the
clergy, re-
duces the pope to a figurehead, and places the "Christian republic"
under the control of the people and
their representatives, the civil
rulers.
PEACE
As
the
title
of his
work
implies, Marsilius' concern
preservation of peace in the state.
1
What
health
is
A. Gewirth, Marsilius of Padua, The Defender of Peace
Columbia University
2 Ibid., xxiv.
Press,
1951,
1956), Vol.
II,
was the
to the animal,
(New York:
Introduction, xxii.
Marsilius of Padua XI.
peace
is
to political society.
sition of the city or state
He
[137
defines peace as "the
whereby each of
its
good dispo-
parts will be able to
perform the operations belonging to it in accordance with reason
and its establishment." 3 Marsilius' peace is neither the theological
peace of St. Augustine (a tranquillitas ordinis deriving from man's
conformity to God's law) nor the universal peace of Dante and
Dubois (a general state of harmony between subjects and rulers
and between states). Marsilius has no extra-temporal, extra-political or "internal" preoccupations. His interest in peace is for the
sake of achieving the "sufficient life," which is the reason for the
state's existence. His peace is not a means to a higher, spiritual
end. Moreover, peace is pursued by Marsilius without any consideration for international relations. In his view, there may be
peace even when states are engaged in mutual war. In other words,
Marsilius equates peace with the external order of the individual
state, that is,
with a mechanical equilibrium. There
is
peace when
the various parts of the state, "the agricultural, the artisan, the
military, the financial, the priestly,
tive,"
and the
judicial or delibera-
are properly engaged in the discharge of their respective
functions.
The
fruits of
peace or tranquillity, then, are the greatest goods
while those of
its
opposite, strife, are unbearable evils.
Hence we
ought to wish for peace, to seek it if we do not already have it, to
conserve it once it is attained, and to repel with all our strength the
strife
which
is
opposed to
it. 5
GOVERNMENT
The maintenance
of peace in the state
is
entrusted to the gov-
ernment. "Without the existence of the government, the
munity cannot endure for long."
It falls to
civil
com-
the pars principalis or
government or rather the execuand judiciary branches of it, to assign each citizen his proper
task, 7 to see that he performs it properly, to judge the disputes that
principalis, as Marsilius calls the
tive
3 Ibid., Discourse
4 Ibid., chap.
5 Ibid.,
chap.
I,
5,
1.
1,
4.
chap. 2,
3.
*Ibid., chap. 15, 6.
7 "For no one must or reasonably can undertake at will the exercise
of the military or priestly function." Ibid., chap. 15, 10.
138]
may
III.
between
arise
citizens, to
The Middle Ages
punish the disturbers of the social
tranquillity.
Even
and bishops are required scrupulously
priests
to
obey the
governmental authority. The medieval school insisted on the two
ends of man, the temporal and the
spiritual,
and on the pre-emi-
The
was made the recipient of privileges, immunities,
and even of a higher power than the temporal ruler. Theoretically,
Marsilius does not deny that there is more dignity or nobility at-
nence of the
priesthood, concerned with the attainment
latter.
of the nobler end,
He argues, however, that the question of
be solved on terms not of moral eminence
political necessity. Of the two, it is government
tached to the priesthood.
power
in society
but of practical,
that
is
ject to
is
to
more necessary. Therefore, the priesthood must be submore explicit on this point. He
the
Marsilius could not be
it.
goes so far as to say that
hood or any other part
civil society
could do without the priest-
of the state, but never without govern-
ment.
The
action of the ruler in the state, like that of the heart in the animal,
For although the actions of the other parts of the
some time cease without any harm to any individual,
group, or community
the primary action of this ruling part and
must never
cease.
state
may
of
virtue can never cease without harm. 8
at
its
Actual government
racy, or polity.
The
may be
last
makes
in the
it
form of monarchy,
possible for
all citizens
aristoc-
to take
good
on the consent of the people and exercise power
for the welfare of the whole. Tyranny, oligarchy, and false democracy are vitiated forms. They are the rule of one, or several,
or many, not based on general consent or directed to the good of
the community.
Government must not corrupt. It must not rule capriciously or
arbitrarily. It must not pursue the interests of only a fraction of the
body politic. It must be one. A plurality of governments would inturns governing. These three varieties of government are
all
for they are based
evitably result in the ruin of the state. This
is
another reason
why
autonomy of the Church. Ecclesiastical jurisdiction in the traditional sense would lead to strife and
intranquilhty by destroying the very unification of government that
Marsilius
is
is
so opposed to the
indispensable for the peaceful maintenance of society.
8 Ibid.,
chap. 15, 13.
Marsilius of Padua XI.
[139
LAW
To keep government
Law
in line, Marsiiius subjects
it
to the rigid
"an ordinance made by political prudence
concerning matters of justice and benefit and their opposite and
having coercive force." 9 One must pay careful attention to
control of law.
is
Marsilius' definitions. This one shows again a complete break with
the ancient and medieval view according to which law is an ordinance of reason, a command founded on and compatible with justice. Marsilius' concept of law is thoroughly positivistic. For him
its
do
essence consists in coerciveness. Morality has
with law.
particular law
may even be
little
or nothing to
unjust and
still
be a
true law provided a sanction is attached to it and the threatened
punishment can actually be applied. Conversely, every command
that lacks the coercive element or whose coerciveness involves
merely spiritual punishment or punishment in another world is not
worth the name. One cannot fail to notice the direction in which
Marsilius
is
aiming: divine law and canon law, on which
all
Church
supporters so insist in settling the problem of Church and state relations, are
command,
not true laws. Only human, secular law
for coercive
is
a coercive
power here on earth belongs exclusively
to
the state.
THE PEOPLE
The power to make true laws is a prerogative of the people.
"The primary and proper efficient cause of the law, is the people
or the whole body of citizens," 10 and a citizen is anyone able to
participate in government. This, prima facie, is a re-statement of
Aristotle's view. But while for the Stagirite participation in government meant the ability to perform ruling and judicial duties, for
Marsilius it means simply the ability to appraise the ruler's conduct in the discharge of his office and the capacity to decide on the
laws proposed for the state. Thus Marsilius broadens considerably
the concept of citizenship to make room for the farmers and artisans whom Aristotle had excluded. Marsilius, however, shares
Aristotle's disdain for
sense.
9 Ibid., chap.
10, 4.
^lbid., chap. 12,
3.
women:
these are not citizens in the strict
140]
III.
The Middle Ages
Citizens are divided by Marsilius into two classes: the vulgus
and the honor abilitas. The vulgus, corresponding roughly to the
Greek demos and the Roman plebs, comprises the masses, the
multitude, the lower, uneducated body of the people. The honorabilitas comprises the notables, among them the clergy.
The
people, as a whole,
the legislator:
is
least the "weightier part thereof." 1X
all
the people or at
This "valentior pars" has been
variously explained by Marsilius' commentators. In
all
probability,
he had in mind a blending of quality and quantity, that is, the overwhelming majority, the greater number of the citizens, inclusive al-
ways of a substantial portion, perhaps a majority, of the upper
class or notables.
Marsilius gives several reasons for making the people the very
center of the state and trusting
First, "the
common
multitude, because
"that law
is
better
them with the
no one
a law
is
better noted
willingly
have imposed upon himself." 13
There are three steps in the
number
legislative function.
by the entire
harms himself." 12 Secondly,
observed by every citizen which one seems to
utility of
legislative process.
men, discover the laws
The
experts, a
be proposed
for adoption (deliberation). The people, in the general assembly
small
of
all citizens
of competent
to
or of their properly appointed representatives, dis-
cuss the proposed laws and approve or disapprove (judgment).
unanimously or by overwhelming majority affix
approved laws their command under a temporal penalty or
punishment.
Finally, the people
to the
The
is
people's
power
is
not confined to the making of the law.
It
also their right to elect the ruler. Marsilius does not favor heredi-
tary succession.
He
Nor does he
attach
much
value to the ruler's vir-
them but because of the people's
choice. It is merely desirable that he be prudent, just, and equitable. His function is to execute the laws, to apply them in specific
tues.
is
ruler not because of
were clearly determined, even the relative
importance of his possessing some public virtues would fall. At
any rate, Marsilius does not require of him the traditional private
instances. If the laws
or theological virtues.
11 Ibid.
^ibid., chap. 12,
12 Ibid., chap.
6.
12, 5.
Marsilius of Padua XI.
[141
In addition, the people have the right to correct, punish, and
even depose the ruler
if
he violates the law or becomes guilty of a
by no means absolute, for in both source and exercise his power is strictly dependent
on the people's will. He is accountable to them. Yet, government
(the executive and judiciary) is granted no small measure of
power. One could say that in Marsilius' state the ruler and the
people check one another, but the people have the edge, at least
serious dereliction of duty. Marsilius' ruler
is
theoretically.
THE CHURCH
In making his case for the unchallenged sovereignty of the
Marsilius bitterly attacks the papacy and denies any validity
state,
not only to the exaggerated claims of the papalists but to the
erate tenets of the Gelasian doctrine as well. His Defensor
modPads
abounds in virulent invectives and imprecations against both papal
and episcopal power and, by subverting traditional concepts, disfigures the
Church beyond
recognition.
The Defensor Pads
is
un-
doubtedly heretical in both general principles and practical applications.
For Marsilius, the Church is "the whole body of the faithful
believe and invoke the name of Christ, and all the parts of this
whole body in any community, even the household." 14 Whatever
power the Church possesses, it belongs to the universitas fidelium
the whole body of the faithful. Pope, bishops, and priests are but a
part of the Church. They are not the governing body. They lack
the power of jurisdiction. Their task is merely to teach Christian
doctrine and to administer the sacraments. They are "physicians of
souls," not judges. Most important, coercive power is beyond their
competence. In fact, Marsilius repeats over and over again, coercive power on earth belongs only to the state. The control of eccle-
who
siastical affairs, the definition of
doubtful questions of faith, the
and bishops (including the "head bishop") to
their posts, the punishing of sinners even to the inflicting of excommunication and other spiritual penalties, the canonization of
election of pastors
saints
The
all
these pertain to the whole
body of the Christian people.
universitas fidelium acts through the general council, the call14 Ibid., Disc. II, chap.
2, 3.
The Middle Ages
142]
III.
ing of which "does not belong to the
Roman
faithful themselves or their representatives.
persons have the right to take part in
it,
bishop"
Both
and the
15
but to the
priests
and
final decisions
lay
or
binding decrees will be those to which the whole body of participants or the weightier part has adhered.
archic structure of the
Church
is
The
hierarchic
and mon-
completely rejected. So
is
the
fundamental dogma of the primacy of Peter and his successors.
The Church becomes a
who
The very people
republic, a democracy.
and political sovereign in the state
are also the supreme legislator and sovereign in the Church. The
same agency controls both political and ecclesiastical society.
Spiritual power and temporal power are unified in a Church-state
that "is far more a state than a Church." 16 Peace is now possible,
and the
for peace requires unification under one government
papal claims, even to mere independence from the state in religious
matters, have been "proved" null and void. The people and the
state acquire, in Marsilius' theory, a plenitude of power far superior to that granted the pope by the most extreme of papalists.
are the supreme legislator
What Marsilius did by his exaltation of the people was to shift the
whole cast of the traditional medieval church-state debate. Where
that debate had been between two different groups or authorities in
society, each representing a different set of values
regnum and
sacerdotium, temporal power and spiritual power Marsilius subsumed both of these under a universitas which was at once civilis and
fidelis, secular and religious, state and church, and equally infallible
in both spheres, so that it was a single all-inclusive locus and determiner of both spiritual and temporal values. Thereby, also, the
discussion of the comparative value of secular and religious goals was
no longer relevant. But then, having assigned supreme institutional
authority in both secular and religious affairs to this universitas,
Marsilius could allow its "natural desires" free play, and these were
almost exclusively in a secular rather than in a religious direction.
And,
in
addition,
the
"secular" government,
as
exclusive coercive
agent of the will of the universitas, attained a far greater triumph
over the
quondam "spiritual power" than had been possible for earlier
who had confined their discussions to the conflict between
antipapalists
the two powers themselves, without fitting
them
into a larger
as did Marsilius. 17
is ibid., Disc. II, chap. 21, 3.
is Ibid., Vol.
H,
Introd., lxiv.
" Ibid.,
lxv.
whole
Marsilius of Padua XI.
[143
SELECTED BIBLIOGRAPHY
Gewirth, A. Marsilius of Padua: The Defender of Peace.
Columbia University Press, 1951, 1956. 2 vols.
Emerton,
E. The Defensor
Pads of Marsiglio
New
York:
of Padua. Cambridge,
Mass.: Harvard University Press, 1920.
Kates, P. The Two Swords: A Study of the Union of Church and
State. Washington, D. C: St. Anselm's Priory, 1928.
Previte-Orton, C. W. Marsilius of Padua. London: Milford, 1935.
part four: From Medieval to Modern Times
chapter
xii
Introductory
A PERIOD OF TRANSITION
THERE was no
modern
times.
sharp division between the Middle Ages and
A line
of demarcation fixed at
1453 (the
fall
of
Constantinople), or at 1492 (the discovery of America), or at
any date in the sixteenth century would have but a relative and
perhaps to say that the period from the
partial validity. Better
middle of the fifteenth to the beginning of the seventeenth cen-
Ages as its turgid and
modern times as its immediate and
Better still, the period was one of transition,
tury belongs to both epochs: to the Middle
revolutionary prolongation, to
tumultuous prelude.
for
it
frequently repeated, complemented, developed, changed, op-
posed old principles and ideas, or combined them, in a variety of
new
thoughts and concepts.
hand the period was, if in its own way, an essentially religious time. Religion and religious matters continued
to be the major concern of many. The Crusades were still preached.
One of Columbus' major purposes in forcing the great sea passage
was to secure means to equip such a vast army as would drive the
Turk from Constantinople and liberate the Holy Sepulchre. The
New World was explored in order to present it to Christ and the
Christian faith. Even the artists were at work for the Church, and
situations, with
On
the one
IV.
148]
almost
all their
From Medieval
Modern Times
to
masterpieces were religious in subject and theme.
The very humanistic bent was,
at least at its origin, a Christian
effort: a
noble endeavor inspired by the ecumenic need to widen
much
as possible the comprehensiveness of Christianity so as to
as
include the
wisdom
of
all
peoples and ages.
The very problems
Europe and made of it two enemy
the momentous questions made so
that convulsed sixteenth-century
camps were theological ones
familiar by the Middle Ages. Spain, for a time politically the
greatest nation and religiously the center of Christianity, produced
men who, in answer to the adversaries of the Church, drew powerful arguments from the philosophia perennis of the Middle Ages
and genially adapted them to current exigences.
On the other hand, this was the time when the old order was
dislocated if not destroyed. The two major truths and principles
(God and man, nature and grace), the grasping of whose distinction and conciliation constituted the incomparable achievement of
the Middle Ages, were fiercely attacked by the Protestant Revolt and the pagan segment of the Renaissance. Each of these
divisive forces attacked what the other kept: the reformers surged
against nature and man utterly to damn them, while some humanists neglected God and grace to cling exclusively to nature and
man. Thus occurred the fracture that is still today the over-all reason for man's and society's tragic plight. For, once the medieval
synthesis was broken and the Church forced to withdraw from
vast geographic areas and to abandon the leadership of intellectual
speculation and pursuit in a world turned against her, Protestantism and pagan humanism opposed each other more bitterly and
fundamentally than they had opposed the Church. One against the
other, each clung to
the
its
human mind was
half-truth as
left
if it
were the
total truth.
drawn by an absurd law of double and
irreconcilable gravity,
passing from one venture to another, alternating between
of exhilaration
and
And
spinning, unable to regain a lost balance,
spells of frustration,
moments
but plunging inexorably
into despair.
At
length, the
new forces defeated the old. By the end
new mode of thinking had replaced the
sixteenth century a
tian vision.
Man became
of the
Chris-
and the measure of all things,
and norms of action he
recognized but two guides, reason and experience.
and
the center
in his search for principles of truth
Introductory XII.
[149
ABSOLUTISM
Three great movements of thought marked this period of transition from medieval to modern times: humanism, the Protestant
revolt, and the Catholic reformation. This was also a time of discovery and colonization. Most important politically, however, were
the consolidation of the modern state and the rise of absolute
monarchy, the latter a hereditary form of government with no
established constitutional authority to check the kings or call them
to account effectively. 1 Rightly, then,
is
the political thought of the
time seen primarily in terms of writers and ideas that either helped
or opposed the triumphant
among
march
of
absolutism.
Outstanding
the champions of absolutism were Machiavelli, Luther,
and Bodin, the last named a French philosopher whose
was to serve as the best support, first of
royal and then of state absolutism. Against absolutism of one form
or other wrote the monarchomacs, the Christian humanists More
and Erasmus, and particularly the Jesuits Francisco Suarez and
Robert Bellarmine. There were others, such as the Anabaptists,
who opposed not only absolutism but the very authority of the
state and the state itself.
James
I,
doctrine of sovereignty
MACHIAVELLI
It is
it is
not only impossible precisely to date the Renaissance, but
also impossible to define
formula.
To
humanism or reduce
it
to a single
was characterized by a this worldly
attitude and point of view. Man gloried in himself and his natural
faculties. He would exercise them to build a world of his own and
to conquer time and space. Humanism, then, meant optimism,
daring vitality, utter confidence in human skill and ability. In one
sense, therefore, Machiavelli was representative of humanism, for
his reality never transcended the worldly and historical range. The
essence of his man was his political nature (for Machiavelli, to
be a true man one had to be a civis, a citizen), and it was on him
a great extent
1 Classic
it
examples of absolutist rulers are the Tudor kings of England
XIV in France (1643-1715), Frederick the Great of
Prussia (1740-1786), Catherine the Great of Russia (1762-1796), and Joseph II of Austria (1780-1790).
(1485-1603), Louis
IV.
150]
From Medieval
that Machiavelli's attention
that,
was constantly
His bleak, one-sided view of
human
Modern Times
riveted. Yet, in another
seems hardly to agree with the humanist men-
sense, Machiavelli
tality.
to
reality led
him
to conclude
nature being so selfish and cowardly and forever
prone to disorder,
man
will
choose order and discipline only under
was an appraisal of human nature
But
Machiavelli returns to the humanistic fold when, to remedy man's
restlessness and wickedness, he turns not to supernatural grace but
to the providential prince
to a man's strength and wisdom and
astuteness and luck {The Prince). While it may be justly argued
that Machiavelli's ideal form of state was not the principate but
the republic, a free government under a strong central authority
such as that of Sparta and republican Rome (The Discourses),
there is no doubt that under both forms the raison d'etat knows no
limitations and the sacred selfishness of the state is to run unchecked. Indeed, public morality has no place in any of Machiaa superior force
the state. It
closer to the Protestant theory than to the Renaissance spirit.
velli's political constitutions.
LUTHER
The
political conditions of the sixteenth century exerted
small influence on the Protestant revolt.
Even
greater
was the
no
in-
on the former and, in general, on the political
thought and practice of modern times.
While Luther (1483-1546) 2 nowhere worked out a political
system, he not infrequently dealt with political questions, parfluence of the latter
Born
into a peasant family in 1483, Luther early entered the
became a
Augus-
graduated from the University of Wittenberg,
where he taught Biblical exegesis from 1511 to 1546. In 1517, on the eve
of All Saints, he nailed to the door of the University church his ninety-five
theses or "Disputations on the Power and Efficacy of Indulgences." His
tinian order,
priest,
public heretical teaching and his refusal to obey ecclesiastical superiors
brought him excommunication by order of Leo
(1520). Afterward
Luther broke openly with the Church and gave himself to the organization of the sect he had inaugurated. He died in 1546. "He is an intriguing
figure, nor did his neurosis wipe out a winsome personality. He was of a
brusque, violent nature, but honest, sincere, and kindly. He had deep and
rich insights, but his intellect was always subservient to psychic pressures
which made existence for him an intense anxiety" (Gustave Weigel in The
Great Books, ed. by H. Gardiner [New York: Devin-Adair, 1951], Vol. Ill,
pp. 69, 70).
Introductory XII.
ticularly in his
[151
Concerning
Good Works (1519), Open Letter to
German Nation, Concerning Secular
It Should Be Obeyed (1523), and in
the Christian Nobility of the
What Extent
Authority: to
Peace (1525). There
his Exhortation to
are,
moreover,
political
implications almost everywhere in his theology.
As
already noted,
Luther's idea of
della
Mirandola had
born, that
there
man and
was a sharp divergence between
the philosophy of the Renaissance. Pico
said: "This
is
we can be what we want
the condition in
to be";
and
this
which we were
statement well
epitomized the essence of humanism, both Christian and pagan.
The pagan humanists ignored God, and centered life and the uniman, who could, according to them, do much without divine help and grace. The Christian humanists, on the other
hand, while extolling man's dignity and potentialities, steadfastly
emphasized the need for supernatural faith and assistance. They
verse around
saw man capable of triumph in every field provided that he trusted
God and availed himself of His generous aid. Luther disagreed
with both, rejecting the possibility of man's reaching any truth by
reason and denying his capacity for applying the law thus rationin
discovered.
ally
The German founder
of Protestantism denied
and saw his nature as intrinsically wicked because of
original sin. What Luther did in taking this stand was to tear an
intellectual and moral fabric in whose weaving the greatest minds
of classical, medieval, and humanistic culture had collaborated.
As a further consequence of this grim principle, Luther taught that
man has no value whatever. In 1535 he wrote: "All that is in our
man's free
will
will
is evil, all
possibility of
that
is
in our intellect
good works
traditional sense of
is
error."
He
also denied the
in the external world: "justice," in the
man's free correspondence to divine
will,
had
no place in his theology. The only way to be just was to accept
Christ and cling to Him in the intimacy of one's own soul, allow-
Him
ing
to
work out man's redemption
despite his sins or rather
because of them. All laws became intrinsically invalid, and
all
divine law, which, Luther maintained,
it
first
was impossible
of
for a
Christian to observe.
Applied to the
political realm, these
Lutheran ideas served the
cause of absolutism in no small measure. They provided a theoits moral justification. Yes, Luther separated the
from that of law. In the former, he held, the Chrisking, member of a celestial royalty, free with a liberty and
logical basis for
level of faith
tian
is
IV.
152]
From Medieval
to
Modern Times
sovereignty he must never in the least relinquish. But in the tem-
poral order, the order of law and
divided and uncontrolled.
sin,
The game
the secular authority
of politics
is
game
is
un-
of force
and violence, and the spiritual norm does not apply where brutality
and savagery rule. Yet Luther considered all temporal authority
perfectly legitimate. He accepted and interpreted literally St. Paul's
statement: "There exists no authority except from God." Divine in
origin, authority also has a divine mission: it is a minister of God,
and all who possess it, even the bad, are God's servants. Therefore, the Christian's attitude before authority is one of obedience
and submission, accompanied by internal assent to the ruler's will.
To these principles Luther added an emotional element that
tended sharply to separate ruler from subject, governors from governed.
The
ruler represented
God
in the midst of the external
world, and an aura of divine majesty enveloped
The people were
the
embodiment
consequences of the original
of
fall, its
all evils,
him and
his office.
a mass ridden by the
worst manifestation in the ex-
For them, the ruler's command and punishing sword
were to serve the same purpose as chains and cages for wild animals: they were to check and control the people's exterior behavior so that external peace (the aim of civil authority) could
reign among men. This concept of ruler-subject relations undoubtedly helped introduce a society unknown to the Middle Ages
and the Renaissance: a society whose governing class looked with
scorn upon the masses until it toppled amid blood and cruelty
ternal order.
when popular
reaction understandably exploded against it.
Luther never wavered in his belief in the divine origin and mission of temporal authority. In a world marked by necessity and
marred by iniquity, the temporal authority was for him the sole
guarantor of peaceful living, the sole guide to salvation. Somberly
he proclaimed: "The hand that carries the sword and exterminates
is no longer a human but a divine hand; it is no longer man but
God who
hangs,
fries,
Hence the excessive
beheads,
slits
throats,
and makes war."
and the ruler
exaltation of secular authority
a characteristic element of Lutheranism.
Is this authority unlimited? Just
how
far should
it
extend?
To
the strictly temporal or even into the spiritual? In other words,
does the secular prince's responsibility for his subjects' spiritual
him to intervene in spiritual matters and to exact
obedience to his decisions on religious questions? Although, logiwelfare entitle
Introductory XII.
cally,
[153
Luther's principles were headed in that direction, he himself
resented the secular prince's actual exercise of ecclesiastical su-
premacy. And, when the German Elector proceeded to the visitation in 1528 and in his instruction claimed exclusive competence
(as inherent in his very temporal power) to visit the German
churches, Luther protested a confusion of jurisdictions. But there
on which to base his objection. In 1541 he rallied to the
by accepting the fait accompli and consenting to the
consistory established and controlled by the electoral chancery.
Luther profusely advises the prince on the Christian exercise
of secular authority. He wants him to look after the welfare of
his people and to prefer peace and order to spectacular achievements. Luther warns that his office is a cross, heavy on his neck,
and that more often than not his lot will be misunderstanding, ingratitude, even betrayal. Above all, the prince must not open his
mind to or trust anyone. He is above the law, above the books,
above tradition and precedents, above experts and competents.
He must rely but on God (or His prophet), speaking as it were
into His ear, asking of Him wisdom and understanding. Finally,
Luther insists on dealing with the wicked with exemplary severity.
Luther admits that one seldom finds an intelligent and just
ruler. Usually, secular rulers are the craziest and worst rascals on
earth. Yet, even then, nothing should be done against them: "A
prince may violate all God's commandments; this will not make
him less an emperor or less a prince." It was a hopeless doctrine
rooted in a pessimistic view of man. Man is wicked, restless, un-
was
little
inevitable
disciplined:
how can
the prince govern according to the gospel?
CALVIN
Jean Chauvin or John Calvin (1509-1564) expressed his poideas in his Institutes of the Christian Religion
begun in
France and completed in Basel the following
year. Its first edition, in Latin, published in March 1536 and containing six chapters, was followed by others in French in 1541,
litical
1534
in his native
1559, 1560.
ters. It is in
The last contained fifty-four books and eighty chapBook IV, chapter 20, that Calvin presents his theory
of civil society.
Civil society, the natural
community linked by
political ties,
he distinguished from the Christian community united by super-
IV.
154]
From Medieval
to
Modern Times
natural bonds; but in the final analysis the separation of the two,
already not too pronounced in the Institutes, was practically ef-
faced
ciety
when he
himself held the power in Geneva. Calvin's
at least potentially, a Christian society.
is,
civil so-
The day
it
will
he would wish and as it should, its primary funcbe to defend and protect a single religion and a single
religious group: Calvinism. So much so that Calvin makes his
ideal state completely subservient to religion and reduces secular
exist properly as
tion will
government to a church department.
Calvin's civil society has three elements: the magistrates, the
law, the people.
these
must be
by God
To
ensure the community a beneficent order,
in close collaboration.
The
magistrates are ordained
men. Their office is not only
lawful but exalted and, in a sense, sacred. For they are ministers
of God and their mission is to preserve public tranquillity and
morality. They punish the wicked and do so justly and severely
with "a fully drawn sword." While the magistrate is a living law,
the law is a "silent magistrate." Every just law is to be accepted
and obeyed. Laws that are unjust, laws that violate equity, are null
and void. (It is with this notion of equity that Calvin introduces a
criterion that in due time will make it possible for the citizens to
indicate which laws are to be rejected.) The people obey with
love and reverence. They accept authority willingly and joyfully.
for the welfare of their fellow
Their submission to the magistrates
essary evil but a positive
is
not a resignation to a nec-
homage analogous
to that given
God
Obedience and respect must mark
the people's attitude toward even unworthy and despotic rulers.
Should civil power, then, be abused or should it be inspired by a
spirit other than Christian, let the people remain submissive and
repent and pray. Only when the laws conflict with God's laws are
the citizens dispensed from obedience; but even then their resistance may be only passive and respectfully manifested. Vainly
would one search in Calvin's theory for a justification of active
through the virtue of
religion.
resistance to despots.
Yet Calvinism, as a historical fact, helped the rise of democsome strange way it exercised a powerful impact on
the intellectual movements that led the revolt against absolutism.
The reason for this is to be found in certain elements or factors
that were at the very foundation of Calvinism: a pronounced individualism, expressed especially in the notion of equity, which was
racy, for in
Introductory XII.
[155
and even encourage the free judgment of individual citizens as to which laws should be disregarded in conscience; the
moral responsibility so deeply injected into the doctrine of political action; the very organization of the Calvinist church (the presbytery, a council or court of elders), which rejected the neat
hierarchical pattern and class distinctions. Moreover, though undeniably autocratic in character, Calvin felt an intense dislike for
to permit
royalty
and for whatever leaned
to a class-conscious mentality.
BODIN AND HOBBES
If
Machiavelli and Luther helped the rise of absolutism, Bodin
and Hobbes may be considered its outstanding philosophers, and
James I and Bossuet its most famous portraitists and panegyrists.
Bodin (1530-1596), with his Republique, supplied the modern principle of the state's essence
its sovereignty. He was one of
the first to grasp and give expression to an extremely important
idea
the idea that political authority, the power of the state
whereby laws are established and enforced, is above all human
laws and that, to find out who is the sovereign in the state, one
need only look for the single individual or the collective body
truly and permanently vested with such power by the constitution.
To this idea Hobbes (1588-1679) added a new element that
helped the cause of absolutism as well as that of arbitrariness. For
the author of Leviathan, state sovereignty as vested in the absolute
ruler
is
not only inalienable, indivisible, and unpunishable;
it is
moral limitations, even those deriving from natural
law. Moreover, Hob bes justifi es absolutism on the ground that
man's nature being r^ic^llyjvicious--and nasty and man's instincts
also free of all
_pejiiltemlj;^nJisocjaLJlie--c>^y check
authority.
Without
it
phasized Bodin's contention that
all
the manors, the guilds, the towns,
claim independence vis-a-vis the
JAMES
is
centralized
and absolute
anarchy would reign. Finally, Hobbes emintermediate groups (such as
and even the Church) could not
state.
AND BOSSUET
James I (king of England from 1603 to 1625) was another
champion of absolutism. He is known for his insistence on the
theory of the divine right of kings as the justification for exacting
From Medieval
IV.
156]
to
Modern Times
was almost an
and he defended it in several pamphlets
and books: The True Law of Free Monarchies (1603), An Apolfor the
ogy for the Oath of Allegiance (1607), Declaration
Right of Kings (1615). The divine right theory maintained that
the state is a direct creation of God, its ruler divinely appointed
through dynastic hereditary right and responsible to none but God.
Thus, for James I, obedience to the state and the monarch was
both a civil and a religious duty, and resistance to or rebellion
against them was never morally right no matter how incapable,
wicked, and despotic the ruler. The king was not only under no
man but also under no law. 4
In France, where absolutism reached its zenith with Louis
XIV, the presentation and exaltation of a somewhat modified divine right theory became the task of Bishop Jacques-Benigne
Bossuet (1627-1704), the famous orator of the royal chapel who
was, from 1670 to 1679, tutor to the king's only son. In his Poliperfect obedience
from
obsession with James
his subjects. This doctrine
3 It continued to
was
still
haunt the other Stuarts. As late as 1681 Charles II
believe and maintain that our Kings derive not
from the people but from God; that to him only they are ac-
asserting:
their title
countable; that
to
it
"We
belongs not to subjects, either to create or censure, but
honour and obey
their sovereign,
who comes
to
be so by a fundamental
hereditary right of succession, which no religion, no law, no fault or forfeiture
can
alter or diminish."
Quoted by
the Divine Right of Kings (Cambridge:
J.
N. Figgis
The University
in
The Theory of
Press, 1896), p. 6.
4 Absolute kings and their supporters held that the law was no more
than the will of the sovereign. Against this view were those who believed
in a law of God and nature, as well as in a common law of the land, to
all, kings and subjects, were to bow. This is what Sir Edward Coke
(1552-1634) meant when in 1608, notwithstanding the peril of losing his
head, he dramatically flung in the furious face of absolutist James I, Bracton's immortal words: "The king ought not to be under man, but under
God and the law" (sub Deo et lege). Though not by way of defending a
lost cause, one is tempted to remark that in pre-revolutionary Europe, in
the despised ages of divine right, a king, while claiming to be above the
law, at least recognized his duty to obey God and to respect the basic rules
of the realm. But when a kind of "democracy" came (the Jacobin or totalitarian democracy or continental liberalism), all sovereign powers were
transferred to the "people" without the restrictions that had until then accompanied their exercise (God's law and the sobering thought of God's
judgment). See on this point B. de Jouvenel, Sovereignty, translated by J.
F. Huntington (Chicago: University of Chicago Press, 1957); also R.
Guardini, Die Macht, Versuch einer Wegweisung (Wurzburg: Werkbund,
1951), pp. 37f.
which
Introductory XII.
[157
Derived from the Sacred Scripture, Bossuet describes monarchy. It is sacred: the king's power comes from God directly; he
tics
God's vicar on earth; not only his office but also his person is
sacred; to revolt, even against the king who rules tyrannically,
is a sacrilege. It is absolute: the king is not obliged to render an
is
is no appeal against his judgment; he
some laws but he is not subject to their penal-
account to anyone; there
may be
subject to
ties. It is
paternalistic: the king is a father to his people; therefore
he must be dedicated to their welfare and deal with them with
kindness and firmness; on the other hand, the people must love
and respect him as children their father. It must be reasonablegovernment is a function that implies knowledge of law and men,
the ability to recognize the opportunity for action and how and
when to speak or listen, the art of gathering information and
choosing good counselors, the science of making decisions alone
all of which require an intelligent, prudent, alert monarch. It
must be just: absolute government must never become arbitrary;
the former is a legitimate regime, for under it the citizens are free
and their property inviolable; the latter is a corruption of power,
for it tramples upon individual freedom and security and has no
respect for the subjects' property.
THE MONARCHOMACS
While some writers favored absolutism for such a wide variety
among them Catholics and Calvinists (not
Lutherans), were fighting it for several and, frequently, differing
of reasons, others,
motives.
As
resisting
it
a rule,
all
agreed on limiting the royal power and even
There are famous expressions
in certain circumstances.
of this doctrine of containment
and
resistance.
Hotman's Franco-Gallia (1573)
than
political, that,
ideal
monarchy
is
a treatise,
more
historical
through a study of French history, sees the
in the elective type subject to the "estates" or na-
tional assembly.
Vindiciae contra tyrannos (1579) by Junius Brutus (prob-
pseudonym
for Hubert Languet) presents the idea of the
by which the people made the kings, to show the
legitimate foundation of non-obedience and resistance and revolt
ably a
political contract
not only in matters of religion but also
stake;
it
when
holds the monarch accountable to
natural rights are at
God and
the people,
IV.
158]
and declares the
latter
From Medieval
to
Modern Times
both guarantor of and party to the contract.
This was a
new
political principle that, variously
interpreted,
was
to inspire
and
justify the English,
expounded and
American, and
French revolutions.
De
iure regni
the Scots, 1579),
apud Scotos (On the Law of the Realm among
by George Buchanan, is a defense of the doc-
trine of tyrannicide.
De
Henry
iusta abdicatione Enrici III
III,
1591), a
work by
(On
the Just Abdication of
a Parisian priest, Boucher, defends
the right of the people to depose and even to
he become a despot. Boucher
insists that
kill their
king should
by choosing a king the
people are not deprived of their power and that no other
is
more
De
just
than one undertaken for
home and
civil
war
altar.
(On the Power of
Commonwealth on Kings, 1591), by Rose, Bishop
and member of the League, 5 reasserts the usual mon-
reipublicae christianae in reges potestate
the Christian
of Senlis
archomac
De
principles
and refutes the objections
to them.
rege et regis institutione (1599), by the Spanish Jesuit
Juan de Mariana, emphatically
justifies
the killing of the tyrant
(not only the usurper but also the legitimate ruler
when he abuses
his authority).
Politics Systematically
thusius, sees the
Considered (1609), by Johannes Alstate as neither absolute nor supreme
power of the
but limited by divine positive and natural laws, and the terms of
the pact with the people as the ultimate source of sovereignty.
ERASMUS AND MORE
Two
great Christian humanists also sided with the opposition.
One was the Dutch Desiderius Erasmus (14667-1536), the vagabond monk so bizarre and eccentric, yet the capital and most influential figure of his age; the theologian so
devoted to quiet schol-
arship, yet so passionately dedicated to the regeneration of
man
through the purification of religion and the Christianization of culture.
Erasmus sought,
in his
many books and voluminous
corre-
spondence, to humanize and evangelize politics, always, however,
without abrupt changes and violent revolutions. To the princes he
6 The Catholic League was an association established by intolerant
French Catholics who resented the edict of toleration of Henry III (1576)
and wanted to destroy everything that failed to meet their terms.
Introductory XII.
[159
recommended moderation, prudence, benignity. Although he did
not attack monarchy as such (in fact, he was justly called "the
and censor of monarchy"), he tried nevertheless to
prevent its declining into tyranny. For this purpose he spoke
clearly in favor of an elective monarchy and for a royal government tempered by aristocratic and democratic elements, willing to
respect or grant local freedoms and allowing everyone, especially
poets, scholars, and political philosophers, freedom of opinion and
expression. As to the tyrant, Erasmus approvingly repeats Seneca's
saying: he should hang with thieves and pirates.
A dear friend of Erasmus, Sir Thomas More (1478-1535),
shared his hatred for war and violence and injustice as well as his
desire for perfection and universality. With him More strove to
ameliorate the conditions of Church and society. In his many
treatises and particularly in Utopia (1516), 6 under the guise of
treating of French institutions or the problems of an imaginary
island, More bared the defects of monarchy and presented an ideal
the
country free of political despotism and social exploitation
two glaring evils of the England of his day. To them he opposed a
system of equality and economic control, thus anticipating by centuries general interest in such vital issues as production and distritheoretician
bution.
THE ANABAPTISTS
Monarchomacs and
Christian humanists were for the limita-
tion of political authority. Others refused to recognize
form.
great
number
at least for a time,
it
in
any
of Anabaptists followed the latter doctrine,
pushing
it
to
its
extreme consequences and giv-
ing rise to the objection of conscience (the total and absolute refusal to collaborate in
any way with the secular authority and the
The word Utopia, the name given by More to the land of his fancy,
comes from the Greek and means nowhere, no place. Other Utopian books
have since made their appearance. The long and interesting series includes
Campanella's City of the Sun (1623), Francis Bacon's New Atlantis
(1627), Harrington's Oceana (1656), Gabriel de Foigny's A New Discovery of Terra Incognita Australis (1676), Ludvig Holberg's Niels Klim's
Journey under the Ground (1741), Etienne Cabet's A Voyage to Icaria
(1845), H. G. Wells' A Modern Utopia (1905). See Negley and Patrick,
The Quest for Utopia: an Anthology of Imaginary Societies (New York:
Henry Schuman, 1952).
6
IV.
160]
The
From Medieval
to
Modern Times
and its power were considered evils in
themselves
military service was refused, no taxes were paid, even
the benefits deriving from membership in the political community
were renounced. Such was the radicalism of Gregory de Brzeziny.
Logically, in politics the Anabaptist became a prisoner of his own
criticism, and could do nothing for the redemption of the state.
Once aware of this, some Anabaptists tried to find a doctrine of
the state that would repudiate absenteeism and make possible cooperation in the promotion of justice in the very area where so
much was possible and necessary. Little by little, in Bohemia, the
secular order).
state
Low
Countries, Lithuania, Poland, the Anabaptists accepted all
burdens and rights of loyal citizens and limited their original radicalism to a humanitarian and egalitarian spirit content with constant evolution
and reform within the law.
BELLARMINE
In the history of political thought, the Italian Robert Bellarmine (1542-1621), Jesuit, saint, and Doctor of the Church, is
justly famous for his treatment of two political doctrines one concerns the origin and exercise of political power; the other, the
power of the Church in the temporal order. An advocate of a
mixed monarchy and of freedom, Bellarmine maintained that the
authority of the state or political power is not (as all contractual
theorists affirm) created by men but vested or deposited by God,
following the regular course of nature, in the whole people as soon
as they have organized themselves as a civil community. He further
:
stressed that, in turn, the people, being unable to exercise politi-
bound to "communicate it to one or
was a doctrine much like that of Suarez. But, unlike
Suarez, Bellarmine went on to assert that independently of the
cal authority directly, are
several." It
terms of the "communication," the people always retain the su-
preme power radically (in habitu) and may at times actually retake and re-exercise it {in actu).
As to the power of the Church in temporalibus, Bellarmine
voiced his opinion in two central truths. These are: the Church
enjoys a universal spiritual sovereignty; both emperors and kings
(that
is, all
holders of political authority) are subject to this spirit-
ual sovereignty. His theory of the indirect
power
sequence (a theory, however, of which he
is
is
a natural con-
an outstanding ex-
Introductory XII.
[161
ponent and defender rather than the inventor). By jurisdiction of
an indirect kind Bellarmine meant "the jurisdiction which the pope
has over the temporal in
and
its
relation to the spiritual." Properly
in itself papal jurisdiction concerns the spiritual;
it
is
pos-
Church and her hierarchy only to direct
spiritual journey to eternal life. But the spir-
sessed and used by the
and guide man in his
end has primacy over the temporal end. If a conflict should
arise between the two, there is no question as to which has the last
word. Therefore, the spiritual power may on occasion extend into
the temporal order; and the occasion arises only because of "a
itual
serious reason, especially a concern of faith." Bellarmine leaves
to the
pope the decision,
in a particular instance,
on whether or
not there exists a danger to faith or morals so clear and present
When the pope inand correcting not only
private individuals but also Christian kings and emperors "in such
a way that [and here is an extreme application of Bellarmine's
doctrine] if the cause of Christ and the Church demand it, he can
strip them of their reign and empire, and transfer their royal or imperial power to others." 7
as to justify his intervention in the temporal.
tervenes, he does so
by
directing, judging,
BELLARMINE REAPPRAISED
Bellarmine's theory, directed against the doctrine of total subordination of the state to the Church and expressed in his first
volume of Controversies (in the fifth book "On the Supreme Pontiff"), was at first, to say the least, eyed with suspicion. Sixtus V
thought for a time of placing the entire book on the Index. Soon,
it was accepted by theologians and canonists until it became, throughout the Church, the classic and common dictum that
it remains today.
however,
In expounding the indirect power theory, Bellarmine's
lowers
came
to the conclusion that the state
fol-
must not only publicly
it must also recognize the true (Catholic) reThis would amount to some sort of Church and state union,
but a union not necessarily identical or coextensive with any spe-
profess religion, but
ligion.
form of union that actually obtained in a given country or
cific
period.
7
direct
Quoted
in J. Courtney Murray's "St. Robert Bellarmine on the InPower," in Theological Studies, IX (1948), 534.
IV.
162]
From Medieval
Modern Times
to
All that is essentially comprised in the union of Church and State
can be thus formulated: The State should officially recognize the
Catholic religion as the religion of the commonwealth; accordingly
it
should invite the blessing and the ceremonial participation of the
it should recognize
Church for certain important public functions
.
and sanction the laws of the Church; it should protect the rights of
the Church and the religious as well as the other rights of the Church's
members. 8
Ryan and Boland, Catholic
Principles of Politics
millan, 1948), p. 316. See also ibid., pp. 311-323.
was recently
restated
by the Rev. Francis
should not hesitate to state that even
if
of Catholics in the United States should
J.
(New York: Mac-
The
traditional theory
Connell, C.SS.R.: "Catholics
at some future time the number
become so great that they would
is no reason to believe that
would demand any special governmental favor for the Catholic
Church or restrict the freedom of other religious groups. For it would
still remain true that the evil consequences of any change of our traditional
system of full freedom for all would far outweigh the benefits, so that the
Catholics in such a hypothetical though improbable eventuality would
be acting fully within the norms laid down by their Church if they continued the American tradition of equal rights for all religions. This does
not mean that we should present the American system as ideal. However
possess the balance of voting power, there
they
much we may
praise
it,
as far as our land
is
preferable to the system in which the one true
concerned,
it
is
not per se
Church would be acknowl-
edged and specially favored.
We must not, therefore, regard the
American system as the best, absolutely speaking, even though we may
justly praise the liberty which the Church enjoys in our land. Above all,
we may not condemn the system of concord and cooperation between
Church and State which Christ willed to be the proper situation when
circumstances permit that is, in a land where Catholicism is the religion
of practically all the people and there exists a long-standing Catholic tra.
dition.
Neither should
we
object, at least as far as principles are involved,
which Catholic nations of our own day are placing on
non-Catholic propaganda. We have no reason to be ashamed of the doctrine of Church and State as proclaimed by the Catholic Church. In addition to the fact that it is based on the law laid down by the Son of God,
it is paralleled by the practice of certain non-Catholic sects. Why should
we hesitate to speak of the union of the Catholic Church with the State as
desirable per se in a Catholic land, when we have examples of a union between a Protestant church and the State in Protestant lands, such as England and the Scandinavian nations?
On historical grounds there is much
more reason to expect that a Protestant sect would seek special governmental favors in our land than the Catholic Church, since the only instances of state established churches we have had in America were of
Protestant organizations" ("The Relationship Between Church and State,"
The Jurist, XIII [October, 1953], 412-414). For a brief discussion of
to the restrictions
Introductory XII.
[163
Concerning members of other religions, neither unbaptized persons
nor those born into a non-Catholic sect must ever be coerced to
accept the Catholic faith. Within certain limits at least, the state
should tolerate their mode of worship. But propagandizing the erroneous doctrine among Catholics is to be forbidden. Of course,
these propositions (constituting the Catholic thesis) apply only
in the ideal condition, that
speaking, a state
population
is
is
is,
in a Catholic state
and, roughly
when the overwhelming majority of the
Then the state must permanently and un-
Catholic
Catholic.
by them. In other states the so-called hypothesis
Church is simply to be content with "the more
would
or less generous treatment accorded by the laws of the country to
associations" and with taking advantage "without restrictions or
alterably abide
apply: the
privileges of the rights of the
common
law."
Recently the entire problem of Church and state relations underwent a new scrutiny and Bellarmine's traditional theory was
thoroughly reappraised by some Catholic theologians and philosophers. Outstanding
among them
are the
American
Jesuit
John
Courtney Murray, a theologian, and the French Jacques Maritain,
a philosopher. It is too early even to try to read in their writings
a complete and definitive statement of their view
Both are
still
haps they themselves have not yet reached a
lution.
on the
in the process of crystallizing their concepts,
But on one aspect of the
full
and
subject.
and per-
satisfying so-
issue (whether the state should
choose tolerance or intolerance) Murray and Maritain seem more
or less agreed.
system of legal and friendly (not theological and
inimical) "separation" of
in
America,
may be
Church and
justified
(in hypothesi), but also
state as exists, for instance,
not only on the level of expediency
on the
level of principle
(in thesi). In
other words, should even the condition of an overwhelming Catho-
majority be realized, there is nothing in the Church's doctrine
and tradition that would prevent her from accepting or preferring
a Church-state relationship different from the confessional state
lic
nothing to
its
logical
make her
and
establishment as the unica status religio, with
juridical
consequences (such as a certain degree of
intolerance and, specifically, the governmental repression of hereti-
Church and state relations in general, see Schmandt and Steinbicker,
Fundamentals of Government (Milwaukee: Bruce, 1954), pp. 189-201.
9
Code of
1952), p. 40.
Social Principles, 3rd ed. (Oxford: Catholic Social Guild,
IV.
164]
cal
From Medieval
Modern Times
to
propaganda), the automatic and necessary choice. This,
at
least in Murray's later view, would not mean that the establishment is to be a priori condemned. It means simply that, in this
question of Church and state, the principles always valid (of them-
selves transtemporal
and not
to
be tampered with in any way) are
its own area and the
the independence of the two societies each in
necessity of their cooperation.
concrete interpretation of these
principles results, in turn, in the positing of three other principles
and permanent: (1) the Church,
and sanctify; the Christian people are free to believe, obey, receive the sacraments and
other means of sanctification; (2) there must be harmony between
state laws and Church laws, whereby man's life is governed, between the social and political institutions of the commonwealth
and the demands of the Christian soul; (3) there must exist an
ordered bilateral cooperation between Church and state. In the fulfillment of these three principles in the best possible way in each
given age and place and situation Murray sees the only and substantially immutable Catholic exigence. What others term thesis
and hypothesis disappear from the system of Church-state relations. The "disjunctive" theory of Bellarmine and his followers is
replaced by Murray's "unitary" view. The confessional state or a
legal separation in a democratic form of political society becomes
but a means whereby the unchanging principles are applied in this
or that historical milieu. Where and when and whether their application should take this or that form becomes a matter of human
prudence. As often as the choice is to be made, one faces a quaestio facti
the question of the public good and of what better suits
it at the moment: and a question of fact refuses by its very essence
an arbitrary or preconceived answer. Indeed, no ideal solution is
that are equally firm, absolute,
as a spiritual power,
is
free to teach, rule,
possible, for a question of fact
with the
pect
is
human
living
condition of error and
evil.
men
deals necessarily
The most one can
ex-
that the solution (intolerance or tolerance, confessional
state or otherwise)
peace.
among
be useful, that
Murray does not say
tolerance, or vice versa. It
is,
conducive to the unity of
that intolerance per se
all
depends:
in a democratic country the ultimate
if
is
better than
the lay statesman (and
statesman
is
the people,
whose mind must be prudently sounded and weighed), having
heard on this matter of mutual concern the head of the Church,
chooses the establishment,
this
might be the better law in that
in-
Introductory XII.
[165
on the other hand, intolerance is rejected (as inviting
faith, sowing confusion and disunity, or bringing
about a universally displeasing and disturbing reversal of a traditional law of the country), then tolerance to other sects and cults
stance.
If,
hatred of the
will
have to be considered the best legal decision in the circumon a policy (an application of
stances. In other words, in deciding
approach to the question of Church and
on an ideal prefabricated thesis, but on the
principles), the proper
state is
not insistence
embody
public usefulness of the law that will
the choice of the
moment. One cannot ask less, or more, of a state (or statesmen)
than that it make a good law
a just, useful, honest law, all things
considered. Any time a good law is made wherein the three absolute principles find a proper application, the Church may well feel
that her inalienable rights are adequately met and protected.
In regard to the American system of Church and state relations (embodied in the first amendment), Murray maintains that
the American Catholic, loyal to his Church and loyal to his country and its political tradition, justly sees therein a good law and
has no desire to change it. The American political tradition has
nothing in
common
with the sectarianism of the Jacobin ideology
or even with the unilateral and secularistic slogan,
"A
free
Church
whether in its rigid form,
by the French Law of Separation of 1905, or in its
moderate form, which holds that in theory Church and state are
supreme societies but in practice each should pursue its aim its
own unconcerned way, was vigorously and repeatedly rejected by
the popes: Gregory XVI with the encyclical Mirari vos (1832);
in a free State." Continental liberalism,
as exemplified
Pius
IX
in the Syllabus
(1864), a
list
of eighty propositions held
erroneous by the Church; Leo XIII in the encyclicals Immortale
Dei (1885), entirely dedicated to the Christian constitution of the
state, and Libertas praestantissimum (1888), on the true meaning
of freedom in general and on the freedom of speech, press, teaching, and conscience in particular; Benedict XV in the encyclical
Ad
beatissimi (1914).
Church and
On
the contrary, the
American policy of
amendment
state relations, as expressed in the first
("Congress shall
make no laws
respecting an establishment of re-
ligion or prohibiting the free exercise thereof"), has
no
theological
Leo
no way be
being likewise directed against the American consti-
connotation, sectarian inspiration, or inimical implications.
XIII's condemnation of continental liberalism can in
construed as
IV.
166]
From Medieval
to
tutional provision that places a limitation
power
common
for the sake of the
Leonine
texts
Modern Times
on the governmental
good. In addition to the
and other pertinent documents, an
attentive reading
of Pius XII's addresses to the National Convention of Italian
Catholic Jurists (December
1953) and the Tenth International
7, 1955) is indispensable if one would penetrate the mind of the Church on the whole
subject of tolerance and intolerance. 10
In summary, this is how Murray states the problem and his
6,
Congress of Historical Sciences (September
answer:
Can
the
Church accept
as a valid adaptation of principle to the
legitimate idea of democratic
government and to the
historically de-
veloped idea of "the people" (to which democratic government appeals for
its
legitimacy), a constitutional system of Church-state rela-
tions with these three characteristics:
(1) the freedom of the
Church
guaranteed in a guarantee to the people of the free exercise of religion; (2) the harmony of law and social institutions with the demand
is
of Christian conscience
through the
medium
is
to be effected
by the people themselves
of free political institutions and freedom of asso-
10 For the text of Pius XII's address to Italian Catholic Jurists, see
The Catholic Mind, LII (April, 1954), 244. A bibliography of the recent
controversy on the subject of Church-state relations necessarily includes
Murray's "Governmental Repression of Heresy," Proceedings of the Third
Annual Meeting (Chicago: The Catholic Theological Society of America,
1948), pp. 26-101; his articles in Theological Studies from 1945 to 1954
(important passages from which are found in A Church-State Anthology:
The Work of Father Murray, ed. by V. R. Yanitelli, reprinted from Thought,
XXVII [Spring, 1952]); J. Maritain, Man and the State (Chicago: University
of Chicago Press, 1951), chap. VI, "Church and State," pp. 147-187; G. W.
Shea, "Catholic Doctrine and 'Religion of State,' " American Ecclesiastical
Review, CXXIII (1950), 161-174; A. Messineo, "Democrazia e liberta
religiosa," Civiltd Cattolica, CII (1951), 126-137; J. C. Fenton, "The
Status of a Controversy," American Ecclesiastical Review, CXXJV (1951),
451-458; F. J. Connell, "Christ, The King of Civil Rulers," American Ecclesiastical Review, CXIX, No. 4 (October, 1948), 244-253; "Reply to
Father Murray," American Ecclesiastical Review, CXXVI, No. 1 (January,
1953), 49-59; "The Relationship Between Church and State," The Jurist,
XIII, No. 4 (October, 1953). See also A. Leonard, "Liberty of Faith and
Civil Tolerance," Tolerance and the Catholic, ed. by Yves Congar (New
York: Sheed and Ward, 1955); "L'Eglise et les liberies dans l'histoire,"
L'Eglise et la liberti (Paris: P. Horay, 1952), pp. 195-229; V. White, "Re-
Commonweal, LVTII, No. 22 (September 4, 1953),
531-534; D. Rover, "Religious Tolerance," Commonweal, LIX, No. 18
ligious Tolerance,"
(February
5,
1954), 450-452.
Introductory XII.
ciation;
(3)
[167
Church and
the cooperation between
state takes these
freedom of the
Church and all her institutional activities, (b) the effort of the state
to perform its own function of justice, social welfare, and the favoring
within society of those conditions of order and freedom necessary for
forms:
three
human development,
of a
laity,
protection
constitutional
(a)
its
Christian and civic responsibilities, to effect
that christianization of society in all
and oblige the
Church, through the action
(c) the effort of the
conscious of
of the
its
dimensions which will enable
as the instrument of society, to function in a
state,
Christian sense? This lengthy question
is
not to be transformed into a
Can the Church at last come to terms with ConLiberalism? The answer to that nineteenth-century question is
nineteenth-century answer: No. But when the nineteenth-cen-
brief tendentious one:
tinental
still
the
tury question has been given
tieth-century question
still
nineteenth-century answer, the twen-
its
remains unanswered.
inclined to answer in the affirmative.
To
The Church
it,
can,
as put, I
if
am
she wishes,
permit her principles of freedom, harmony, and cooperation thus to be
applied to the political reality of the democratic state. The application
of each of the three principles (freedom, harmony, cooperation) can
be
justified in
terms of traditional Catholic thought, political and the-
ological. 11
SUAREZ
Francisco Suarez (1548-1617)
is probably the greatest of all
one of the greatest political scientists
of the sixteenth or any other century. His contribution to political
thought is an outstanding example of what Catholic scholarship is
capable of offering. Returning to the doctrinal syntheses of the
Jesuit thinkers
and
certainly
monumental work, placed nature
and man in their proper position ("neither too high nor too low").
But Suarez's return to the purest tradition was not a falling back
thirteenth century, Suarez, in his
or even a slowing
down
of the
march
of intellectual progress.
He
re-presented the truth, eternal and therefore ancient and always
new, and applied
The
political
et legislatore
later
it
to current
philosophy of
Deo (1612) and
work that Suarez analyzes
raised
by the Protestants, and
problems in a remarkable way.
Suarez is found in his De legibus
Dejensio
fidei
(1613).
11 J.
C. Murray, "The Problem
XII (June, 1951), 165.
of
State
Religion,"
the
power
refutes their divine right theory.
developed the arguments advanced by Bellarmine
Studies,
It is in
the question of the origin of
He
and added
Theological
IV.
168]
From Medieval
Modern Times
to
own to prove again that power is not vested immediparticular
individual and that nature does not make
any
ately in
Originally,
he maintains, the public power to rule
princes or kings.
(and especially to make laws) dwells in the community as a whole,
that is, in the general will of the "moral organism" that is the state,
as soon as it has been established in conformity to God's will
through a meeting or consent hie et nunc of human wills. Then,
others of his
by an
act of the
same community,
or that individual or group.
The
acter of both a quasi-alienation
power
that
"delegation"
and a
ever by the terms of the contract.
It
of the right use of the public
it
was
transferred.
The
delegated to this
the char-
howcommunity the
the pact and especially
transfer, conditioned
leaves the
guarantor and judge of the observance of
whom
is
may have
power by the person or persons to
"delegation" bears upon or sets up
any form of government that pleases the consenting general will:
monarchy, even a temporary monarchy (whereby a king is elected
for a time only), aristocracy, democracy; but the choice, once
made, binds future generations. For Suarez constitutional law is
of capital importance and must be adhered to faithfully: once it
has been decided to place the public power in royal or aristocratic
hands, the community no longer has the right to withdraw that authority
and give
it
to others. This
would be
legal only
of delegation the people retained such a right, or
if
if
in the act
customs (which
some countries take the place of a written constitution) entitled
them to do so. Finally, in any case, when tyranny clearly sets in
in
(and there is tyranny when the king or any other person or group
holding supreme authority in the state governs against the com-
mon
good), the public power, which by
to the collective welfare,
is
forfeited
its
very essence
is
directed
by the despot himself. Then
the people find themselves in the exceptional situation of having
power to a new and worthy incumbent.
Suarez does not favor absolute government. In his doctrine, as
to transfer the public
already noted, political authority
essence of public power
is first
of
whose only aim
all
is
limited
by the very
the promotion of the
common temporal happiness of the members of the state. A government that would not promote this end would automatically
outlaw itself. Suarez recognizes other restrictions. An internal
limitation could well arise
dinate communities
from a grant of freedom
(vassal states,
cities,
to
subor-
provinces), in which
case the public power would be morally obliged to respect such
Introductory XII.
local liberties
and
[169
Other limitations, called external
privileges.
because they derive from the relations of the state with other
societies, are the results of the Church's indirect power and the
of the international order.
realities
For Suarez the Church
is
another "perfect" society furnishing the faithful the totality of
means for their spiritual aim: eternal salvation. As such, the
Church possesses a power of jurisdiction that entitles her to certain positive rights: precisely, all rights without which she would
be unable to
fulfill
her mission (the guiding of
men
to eternal
happiness); hence, even the right to reach into matters that are as
a rule of strict secular concern
when (and only when)
they truly
affect in particular instances the spiritual welfare of the faithful.
Suarez wants no confusion of the two societies, the political and
the ecclesiastical, neither confusion at the expense of the
Church
(Luther and James I) nor at the expense of the state (Calvin).
Both societies though they should collaborate closely, for their
combined aim is man's total happiness are clearly distinguished
by reason of their origin, purpose, and organization. The state in
general is from God as Creator and therefore a society willed by
natural law; in particular (this or that state),
human
wills consenting to its establishment.
other hand,
wise,
the
Church's
is
the product of
a supernatural society founded directly by
state's
is
it is
The Church, on
aim
is
the
God. Like-
man's temporal happiness while the
man's supernatural beatitude. Finally, the
ritorially limited; therefore there is
enclosed by set boundaries.
On
extending over the entire earth.
state is ter-
a plurality of political societies
the contrary, the
The other
Church
is
one,
external limitation de-
from the ius gentium the reality of neighboring states with
and customs, and above all from international society as
a whole. Suarez admits that an international society as a supreme,
legal organism with power to issue universal laws does not exist
and never did. Yet he asserts that there is an international life constituted by the relations of nations between themselves that calls
for certain rules of solidarity and mutual aid and gives rise to reciprocal rights and duties. It is the sum total of these rights and
obligations that constitutes the ius gentium, both the law among
nations
ius gentium propriissime dictum or public international
law and the law between citizens of different nations ius gentium proprium or private international law. Suarez adds that all
rives
their laws
international
regulations,
as
found in customary law, emanate
IV.
170]
more or
less
mental rule
From Medieval
from natural law:
is
their
to
Modern Times
most elementary and funda-
"pacta sunt servanda" (agreements must be kept)
while other principal rules concern diplomatic representation, commercial pacts, peace treaties, and even war.
VITORIA, SUAREZ, GROTIUS
In his concern with the laws governing
tions,
states in their interrela-
Suarez continued and perfected the excellent work of a
fel-
low Spaniard, the Dominican Francisco Vitoria (1480-1546),
whose treatises On the Indians Recently Discovered and On the
Law of War Made by the Spaniards on the Barbarians are classics
in the history of the doctrinal development of international law.
In turn, the Dutch jurist Hugo Grotius (1583-1645), who acknowledged and utilized the findings of Vitoria and Suarez,
further developed the science of the law of nations. It was he who
clearly defined the ius gentium as a predominantly human law obtaining inter civitates, that is, between states. Unlike Suarez, who
had represented it as a matter of a few rules deriving more or less
directly from natural law, he saw in it an abundance of precepts
touching international relations in fact, he saw in it many more
rules than those
contained in the
and Suarez, viewed natural
the ultimate foundation of international law and the uni-
natural law.
law as
(affecting relations of states)
But Grotius,
like Vitoria
versally valid criterion for judging the behavior of nations.
Of
meant divine law. But in a
well-known statement he formulated a hypothesis whose weight
and consequences he did not measure: the hypothesis, abhorrent
to him personally, that natural law would be valid even though
"there were no God and human affairs would not concern him."
With this pronouncement he unintentionally opened the way to
naturalism and rationalism. Soon others repeated his statement not
as something assumed merely for the sake of argument but as a
true and undeniable principle. Thus natural law became a product
of human reason. Grotius' justly famous work, De jure belli ac
pads {On the Law of War and Peace, 1625), treats principally
of the law of war ("whether any war is lawful, and what is lawful
in war") and little or only incidentally of the law of peace. 12
course, even for Grotius natural law
On Grotius' life and his and other jurists' contribution to the docdevelopment of the law of nations, see A. Nussbaum, A Concise His-
12
trinal
Introductory XII.
[171
SELECTED BIBLIOGRAPHY
Bellarmine. De laicis or The Treatise on Civil Government. Trans,
by K. E. Murphy. New York: Fordham University Press, 1928.
Calvin, J. On God and Political Duty. Ed. with an Introduction by
J. T. McNeill. 2nd ed. New York: Liberal Arts Press, 1956.
Grotius, H. Prolegomena to the Law of War and Peace. Trans, by
F. W. Kelsey. Introduction by E. Dumbauld. New York: Liberal Arts Press, 1957 (New York, 1925).
More, T. Utopia. Ed. by H. V. S. Ogden. New York: Crofts Clas1949.
sics,
Pico della Mirandola. Oration on the Dignity of Man. Trans, by
A. R. Caponigri. Introduction by Russell Kirk. Chicago: Gate-
way Books, 1956.
Allen,
J.
tury.
W. A
History of Political Thought in the Sixteenth Cen-
London: Methuen, 1928.
Canavan, F.
P. "Subordination of the State to the
ing to Suarez,"
Theological Studies, XII
Church Accord-
(September,
1951),
354-364.
Gough,
J.
W. The
Social Contract:
Critical
Study of
Its
Develop-
ment. 2nd ed. Oxford: Clarendon Press, 1957.
J. Three Reformers: Luther, Descartes, Rousseau. New
York: Scribner, 1955.
Rager, J. C. Political Philosophy of Bl. Cardinal Bellarmine. Washington, D.C.: The Catholic University of America, 1926.
Weigel, G. "Calvin: Institutes of the Christian Religion, Selections,"
in The Great Books. Ed. by H. Gardiner. New York: Devin-
Maritain,
Adair, 1951. Vol.
Ill,
pp. 69-79.
tory of the Law of Nations (New York: Macmillan, 1954). See also the
various works of James Brown Scott, particularly his Introductions to
Grotius'
De
jure belli ac
pads and
in Classics of International
1925 and 1944).
Selections
from Three Works of Suarez
Law (New York: Oxford
University Press,
chapter
xiii
Machiavelli
LIFE
NICCOLO
MACHIAVELLI, the son of a Florentine lawyer,
in Florence on May 3, 1469. The span of his life
was born
coincided with one of the most vital and crucial periods in man's
history.
Shortly before his birth, Johann Gutenberg
had given
1492 Columbus discovered
opened the Cape route to the
at Newfoundland; in 1500 Cabral disMagellan began his voyage around the
world. These years were also marked by a revival of classical learning and a new artistic movement that literally swept across Europe.
This was the time, too, when the medieval view of a society unified under pope and emperor dimmed, if it did not completely disappear. In Germany and Switzerland there rose new prophets
who challenged the pope's primacy, subverted old principles, and
sought to change the very structure of the Church of Christ. In
Italy, while the great masters enriched the world with paintings
and sculpture, their countrymen were almost constantly in the
throes of civil v/ar
which situation was intolerably aggravated by
the perennial interference of foreign rulers and mercenary troops.
Florence was no exception. Through the work of three generations of Medici, the government of the beautiful city on the Arno
the world the printing
America; in 1497 Vasco
East and Cabot landed
covered Brazil; in 1519
press;
da
in
Gama
Machiavelli
had
drifted into tyranny.
less revolution
[173
XIII.
But
finally, in
1494, a surprisingly blood-
put a temporary end to the Medici dictatorship and
the old civil liberties were restored.
Florence immediately fell under the domination of the ascetic
Girolamo Savonarola. For four years the Dominican friar imposed
his evangelical radicalism on the "subtle minds and restless spirits"
of the Florentine people. He gave them a constitution similar to
that of Venice, based on civil and universal law, and he rapidly
and successfully reformed the republic's internal life. But Savonarola's wide following soon dwindled and he found himself the target of a political and religious storm. It was an indignant and embittered Savonarola
death.
On May
who
after dramatic events
was condemned
to
23, 1498, the prophet with the voice of the whirl-
wind was hanged and burned at the stake.
Machiavelli had witnessed Savonarola's rise and fall. He had
pondered the revolutionary merits of religion only to conclude
that unarmed prophets
prophets relying solely on Christian virtue and prayer
must inevitably fail. Success must look to sterner
means, the chief of which is force. It was a lesson Machiavelli
would not forget.
A few weeks after Savonarola's execution, on June 15, 1498,
the twenty-nine-year-old Machiavelli was appointed Secretary of
the Second Chancery of the Florentine Republic. Soon afterward
he was placed at the disposal of the Ten of Liberty and Peace, a
committee of elected magistrates charged particularly with the
conduct of foreign policy. Machiavelli held this office for fourteen
which he busied himself, as a dutiful bureaucrat,
treaties, and sending instructions to
Florentine diplomats abroad. It was a mediocre position, poorly
remunerated, somewhat dull, with little room for personal initiative and little promise of advancement. Machiavelli was one of the
years, during
keeping records, drafting
many
and
this-worldly philosophers
tell it
who know
the secret of success
to others yet never succeed themselves.
But the Florentine government, not blind to Machiavelli's
on occasion entrust him with a more glamorous
responsibility. From time to time, Machiavelli was sent abroad
with Florentine legations as observer and consultant. These diplomatic missions forty-six in all allowed him to study men and
institutions. From the background he intently watched the game of
politics as it was played in that exuberant and tumultuous age. In
capabilities, did
IV.
174]
1500 we
find
him
From Medieval
to
in France, at the court of
Modern Times
Louis XII; in 1502 he
Caesar Borgia, the Duke of Valentino, "a very splendid and
magnificent lord," fresh from his conquest of Romagna; in 1503
visits
he witnesses the election of Julius II, the archenemy of the Borgia;
in 1504 he is back in France; in 1506 when Julius II is planning
the conquest of Bologna he returns to Rome; and in 1507 he is
sent to the court of Emperor Maximilian. The military spirit and
organization of the
German people
fascinated him. "Their sol-
he wrote, "do not cost them anything, for all their people
are armed and trained." He proposed a similar organization of the
diers,"
Florentines to rid his city of the unreliable mercenaries. Machiavelli
had
his
way, but the people's army proved no better in
its
attempt to save the Republic.
In 1512 the Medici re-entered Florence and regained control.
The
fall
of the Republic brought with
Machiavelli was
first
it
the
fall
of
its
secretary.
deprived of his post and then exiled from
Florence by separate decrees of the
new
regime. And, as
if
this
were not enough, the following year (1513) he was accused of
participation in a conspiracy against Cardinal Giovanni de' Medici.
"I almost lost my life," he writes, "but God and my innocence
saved me. I have experienced all evils, including imprisonment."
He was released from jail when the Cardinal became Pope Leo X.
Machiavelli then retired to a farm near San Casciano with his
wife and children. Making the most of his painful isolation, he devoted himself to the study of the classics. As he confesses in a page
often quoted, he sought in the company of the great of old the
peace he had never found among the living. In this country retreat Machiavelli wrote his famous works, among them The Prince
(the manuscript of which he dedicated in 1514 to Lorenzo de'
Medici, nephew of Leo X) and The Discourses on the First Decade of Titus Livy.
After
the
death
of
Lorenzo
de'
Medici,
Leo
helped
Machiavelli return to Florence, where he was given a modest posi-
May of 1527 the Medici were again
overthrown and the Republic restored. Machiavelli's old office was
tion in the government. In
man was
head it. Shortly afterward Machiavelli fell violently ill
and on June 22 of the same year, having received the sacraments
of the Church, he died, at the age of 58, leaving his wife and five
also restored but, to his bitter disappointment, another
called to
children.
Machiavelli
[175
XIII.
For more than two centuries Machiavelli's remains lay unhonored. Then, in 1787, a tomb was erected in his memory in
Santa Croce of Florence near monuments to Dante, Galileo, Mi-
and other illustrious Italians. It bears the inNicolaus Machiascription: Tanto nomini nullum par elogium
velli (There is no praise that can do justice to so great a name).
chelangelo, Rossini,
POLITICAL WRITINGS
Machiavelli was a prolific writer. His numerous works, written in excellent style, reveal his varied talents and exceptional culture, as well as a
They may be
keen understanding of men's motives and habits.
and political. In
classed as historical, purely literary,
The Discourses on the First Decade of Titus
The Art of War, and The Prince.
The Discourses consist of three books in which the author,
who saw his political ideal realized in the life and institutions of
ancient Rome, comments on Livy's history. In The Art of War,
Machiavelli praises the military structure of the Romans, voices
the last category are
Livy,
his
contempt for mercenaries, and seeks to present a
scientific
theory of the military strategy and tactics of his time. But
chiefly in
The Prince
velli is universally
that the political doctrine for
known
is
it
is
which Machia-
contained. This treatise of less than
a hundred pages discusses, in twenty-six short chapters, what a
principality
quired,
how
is,
the varieties of principalities,
held,
how
how
they are ac-
lost.
WHY THE PRINCE
Why did Machiavelli write The Prince? The immediate motive
was a personal one. It was a plea directed to the Medici to be allowed to return to Florence and to public life in any kind of governmental
office.
This bid
larly in the closing lines,
to his forced inactivity at
patriotic
was
is
apparent in the dedication, particu-
when he
alludes, not without resentment,
San Casciano.
second motive
the
Machiavelli's love for Italy: his great passion to
see her free of barbarians, united under a capable leader, mistress
of her fate.
The concluding chapter is a fiery exhortation to LoDuke of Urbino, to become the new prince of an
renzo de' Medici,
Italy
From Medieval
IV.
176]
Modern Times
to
more enslaved than the Hebrews, more oppressed than the Permore scattered than the Athenians; without a head, without
sians,
order, beaten, despoiled, lacerated,
to follow
Then
any standard
there
was a
if
and overrun
ready and willing
only there be some one to raise
third motive, not less important,
the subtlest. Machiavelli's psychological motive
was
it.
and probably
redeem the
to
and vindicate his own political philosophy,. Two prophets, one unarmed, the other armed, had made an
indelible impression on Machiavelli. Savonarola had been guilty
/ of the unpardonable sin, for in politics there is no order unless it
Vis backed and, if necessary, enforced by arms. When Machiavelli,
the man of ideas, met Caesar Borgia, the man of action, he im-
memory
of Caesar Borgia
i.
mediately recognized the messiah of his expectations, the prince
beyond good and
evil.
All that he had looked for in a
Machiavelli saw in the son of Alexander VI.
trine could
be put to the acid
Now
test of reality,
new
and he was nothing
but sanguine about the outcome. Yet Caesar Borgia, the
should have succeeded,
failed.
He
failed
leader,
his political doc-
man who
"through no fault of his
own but only by the most extraordinary malignity of fortune." 2
What an epitaph for the man of his dreams! Machiavelli had
seen him at the height of his career of intrigue, war, and terror,
had
and misfortune, a
splendid as a dark angel in his criminal impunity, and then he
seen him again, a last time, broken by
prisoner of the most redoubtable
illness
enemy of his family. The absohad happened. Machiavelli,
lutely unpredictable, the impossible,
a "realist"
if
there has ever been one in history, should have
not the monopoly of unarmed
learned at this point that failure
is
prophets; the armed
But
this was one lesson Machiahe had a moment of doubt and consternation, he soon came back stronger than ever in his old belief. Yes,
Borgia had been defeated, but his spirit and the policies he incarnated were still alive. In politics there is only one way:
velli
could not learn.
fail as well.
If
Borgia's way, Machiavelli's way.
who
the Medici, or any other
unify Italy, must follow
it.
has found the
infallible system, applies
it
most favorable conditions and
i
Even
who would
leader
The
XXVI,
loses but
is
Like the gambler
carefully
under the
some-
not convinced
from The Prince and The Discourses are taken from the translation of Luigi Ricci as revised by E. R. P.
Vincent and published by The Modern Library (New York: 1940).
Prince,
2 Ibid., VII, 3.
1,
2. Selections
Machiavelli XIII.
thing,
he
tells
a sure thing
himself,
[177
went wrong today, but tomorrow
Machiavelli clung
it
will
be
obstinately to his political scheme.
In the solitude of San Casciano he returned to his
first
love and
wrote the book that was a vindication of his own theory and of
Borgia's ill-fated venture. That is why it has been said, so rightly,
The Prince is a melancholy book, a book born of defeat. 3
It was not the first time that a great book had its genesis in a
social or personal catastrophe. The City of God had been an immediate result of the fall of Rome. St. Augustine realized the impact this outrage would have on the civilized world but he did not
despair. There is another Rome, he reassured the fearful and bewildered, that can be built and that will never be destroyed. We
still believe in Rome, the eternal Rome of Christ, built in the soul
of every man, in the soul of every nation. So Machiavelli (although on a quite different plane), after witnessing the shameful
fall of his idol, the man who had given Italy a gleam of hope, set
himself to show that another Borgia would succeed where the
that
first failed.
MACHIAVELLl'S WAY
way
is best understood by contrasting it with [/
For Machiavelli is at the very antipode of Christian philosophy and theology. To the gospel of Christ, he prefers \
the precepts of Epicurus; to the Fathers of the Church, the Greek \
and Roman classics. Machiavelli is anthropocentric, not theocentric^ Worse than pagan, he ignores morality as an absolute, objective, universal value; he disregards man's transcendent ends and
immortal destiny; he refuses to see the light of Revelation. With
glaring cynicism he proclaims the inequality of men: there are the
few genial, wise, ruthless, magnificent individuals who know the
Machiavelli's
the Christian way.
and there is the "vulgo," the amorphous, gullible
mass that sees only appearances. Machiavelli's Prince must stop
at nothing. Treachery, fraud, murder
all are licit so long as they
help secure or maintain or extend power. He even finds beauty and
grandeur in certain crimes skillfully masterminded and elegantly
reality of things,
executed. Briefly, Machiavelli replaces the
the
norm
norm
of justice with
of utility (the utility of the state), sin with failure, moral
3 R. Roeder,
The
Press, 1933), p. 296.
Man
of the Renaissance
(New York: The Viking
IV.
178]
From Medieval
greatness with political success.
The
to
Modern Times
makes man's life a march to God and
ness, gives way to the cyclic vision, whereby man's
eternal order
stant return to
which
and happi-
lineal vision of history,
the point of departure,
life
a continual
is*a con-
movement
around himself and consequently toward disorder. The concept of
infallible, merciful wisdom,
Providence, based on God's supreme,
degenerates into the principle of fortune^ an arbitrary principle,
an
even more voluble than
irrational, tragic element,
God's grace and man's
self.
succeeded by
free,
man
conscious cooperation with
himit
are
which ,in the specific Machiavellian sense is
nothing more than man's ability to discover, to guess, to foresee
fortune's
virtu,
movement
in order to avail himself of
it
or offset
it.
has been said that Machiavelli secularized politics by divorc-
It
and morality. This is to put it mildly. He
life of man, for "morality" is indivisible. The
standard is one; and the failure to center any one segment of life
in God is fatal to the whole moral system, bringing its collapse in
ing
it
from
religion
secularized the entire
all
other segments as well.
It
has also been said that Machiavelli
justifies
the abandon-
The term fortuna is used by Machiavelli in various senses. Usually
means either the combination and play of historical circumstances within
which one must act, or some sort of strange, variable, and blind fatality
governing man and history. Not infrequently it means both. Thus it may
happen that the same fortune that offers certain men the opportunity to
perform great deeds suddenly turns against them and works their ruin.
Fortune is most surely mastered by bold and daring action. Audaces fortuna juvat. "Fortune is a woman, and it is necessary, if you wish to master
her, to conquer her by force.
And therefore, like a woman, she is always a friend to the young, because they are less cautious, fiercer, and
master her with greater audacity." (The Prince, XXV, 9.)
it
Machiavelli's virtu
is
the personal ability (strength, talent, prudence,
man to dominate fortune to some extent
common with the classic or Stoic or Christian
audacity, efficiency) that enables
at least. It has
nothing in
It is a vital spirit, a universal and dynamic quality. The
and in all places, it invariably makes men act in a magnificent manner and for outstanding goals. Liberating their deeds from the
"narrowness" of Christian morality, it always gives them a new dimension
the dimension of greatness which makes even a crime a spectacular and
glorious act. Irrational fortuna and rational virtu share in the government
of world events. "I think it may be true that fortune is the ruler of half
our actions, but that she allows the other half or thereabouts to be governed by us." {The Prince, XXV, 1.) When all has been said, however, it is
fortune that carries the day. See G. Prezzolini, Machiavelli anticristo,
concept of virtue.
same
at all ages
(Roma: Casini
Editore, 1954), pp. 25-30, 67-72.
Machiavelli
Xm.
[179
ment of moral criteria in the political field only. He does not counsel evil, some argue, in the pursuit of private interests. The establishment and maintenance of the commonwealth are for him the
supreme law; and it is in working for these goals that moral considerations are to be left aside. Even were it possible to draw so|
fine a distinction between public and private morality, Machiavelli's doctrine would still contradict God's natural and positive
law. Evil
is
evil
though performed for the best of purposes. To
grant the state moral sovereignty or independence from a superior
law would mean to do away, in principle
at least,
with man's
In practice, this would be extremely dangerhe who bears the person of the nation, he who will
decide when to defy moral principles for the common good, is
none but an imperfect being, tempted more than others perhaps by
fundamental
ous. After
rights.
all,
furious passions that
may
adversely affect his judgment.
One
in-
from the idea of granting such absolute immunity and impunity to any individual, and particularly to one
with whom rests the life, liberty, and happiness of his fellow men.
stinctively recoils
It is
true that Machiavelli
is
the son of his century, that
many
were shared by corrupt and unprincipled Italian rulers
of the Renaissance. True, too, he lived in a time characterized by
instability, disorder, and strife. To be understood, The Prince must
be seen against that unfortunate and ever-changing background.
The book was an extreme remedy for an extreme evil. The game
was crooked, the stake too high, and the players had to be advised accordingly. But this, at best, explains the dramatic plight of
a statesman. It does not justify his advocating insidious and perfidious means to meet the challenge. And the fact remains that
of his ideas
Machiavelli accepted them wholeheartedly, considered them the
only valid ones, proclaimed them openly, expressed them systematically,
taught them with a cold and intense passion worthy of a
better cause.
Machiavelli had his
own
theory of knowledge.
He saw
it
as a
grasping of the true nature of things; and because their very nature
is
perennial movement, to
know the nature of things is to know
to know is to rediscover, to remember.
movement. For Plato,
For Machiavelli, to know is
their
therefore, at least in part, a
and to foresee. The Prince
manual of techniques wherewith
to see
master both present and future
Machiavelli's wisdom.
reality.
The second
is
This
is
the
first
is,
to
aspect of
the ability to use truth well.
m4.
From Medieval
IV.
180]
Machiavelli's
pragmatic. 5
wisdom
To know
is
not only positive and technical:
the truth of things
knowledge is not
touchstone of wisdom.
efficiently
this
Modern Times
to
is
applied.
of
little
it is
also
consequence
Success, then,
if
the
is
machiavelli's techniques
Machiavelli's techniques are found in chapters fifteen to twenty
The
Prince. His Prince must beware of two ever-threatening
one proceeds from the internal fife of the state and the behavior of his subjects, the other from the exterior and is tied to
of
crises:
the designs of the surrounding or contiguous powers. This
stark reality that conditions the Prince's attitudes
disregard this reality
may
and with
to court disaster
But Machiavelli
agrees.
these dangers,
significantly
this
Machiavelli holds that frequently
the
is
actions.
To
no one
dis-
adds that the Prince, to check
resort to whatever
means circumstances
human
In a characteristically pessimistic view of
tate.
,
is
and
men
dic-
nature,
are less than men, acting,
The new Prince should therefore exploit man's dual nature and, divesting himself of humane qualities,
deal with the wicked as they would deal with him. The situation
Jeaves him no alternative but to walk the road of moral relativity.
as they often do, like beasts.
would be highly praiseworthy
It
in a prince to possess all the
qualities that are reputed good, but as they
cannot
be possessed or
necessary that he
all
human conditions not permitting of it, it is
should be prudent enough to avoid the scandal of those vices which
observed,
would
which
him the
and guard himself if possible against those
if not able to, he can indulge them with
less scruple. And yet he must not mind incurring the scandal of those
vices, without which it would be difficult to save the state, for if one
considers well, it will be found that some things which seem virtues
would, if followed, lead to one's ruin, and some others which appear
vices result in one's greater security and well-being. 6
lose
will
not lose
state,
it
him, but
The Machiavellian
principle
is
stated.
Its
consequences in-
evitably follow.
(IX Must
the Prince seek to be considered generous or mi-
5 J.
litico
Conde, "La Sagesse Machiavelique," in Umanesimo e scienza po(Milano: Marzorati, 1951), p. 87.
The
Prince,
XV,
2.
Machiavelli
serly? As_pariinDny
XIII.
is-
[181
one of the
vices that safeguard the Prince's
power, a reputation for niggardliness is to be preferred to a reputation for liberality. Liberality wins the Prince few friends, renders
him odious to the majority, and
tually poor and despised.
(2^ Must
would be
men
to
in the long
run makes him ac-
the Prince seek to be feared or loved?
command
both fear and love. But
The
ideal
this is difficult, for
are
ungrateful,
voluble,
anxious
dissemblers,
to
avoid
danger,
and
covetous of gain; as long as you benefit them, they are entirely yours;
they offer you their blood, their goods, their
.
when
the necessity
is
remote; but
when
life,
it
and
their children
approaches, they re-
volt. 7
For Machi aveUi, love i s generally a fair-weather commodity. It
has TocT uncertain and shifting a base. Woe to those who trust its
promises! Moreover "men1iave"Iess scruple in offending one who
makes himself loved than one who makes himself feared." 8 Finally, love being dependent on the subjects' will ("men love at
their free will" "Pf while fear can be bred in them at the Prince's
will, the latter shall felj on what lies in his power, not in the
power of others.
Machiavelli carefully distinguishes fear from hatred. The
Prince must be feared b ut not hated. Insofar as possible the Prince
must avoid whatever would excite the hatred of his subjects. Men
resent nothing more than the loss of their patrimony; and of the
honors that are taken from them, "that of their wives is what they
feel most." 10 But the warring Prince need not fear being reputed
cruel and pitiless. Hannibal's inhumanity "made him always venerated and terrible in the sight of his soldiers." n
(Vf Must jthe Prince always keep his word? Machiavelli's
famous answer is the quintessence of his philosophy. Nothing in a
Prince, he says, is more laudable than "to keep good faith and live
witfrinteg rityT andjaoTwith astuteness." K But experience teaches
that one thereby expose^JiimseJLtarude^wakenings_while history
testifiesjhat success- has crowned the efforts of those "who have
i Ibid.,
XVII,
2.
8 Ibid.
10
ii
The Discourses, Book
The Prince, XVTI, 4.
Ibid., 5.
III,
chap.
6.
12 Ibid.,
XVIII,
1.
IV.
182]
had
little
From Medieval
regard for good
to confuse men's brains."
faith,
to
Modem
Times
and have been able by astuteness
13
FOX AND LION
There are two methods, Machiaveili continues, for reaching
and keeping power: one, proper to men, is founded on law; the
other, proper to beasts, on force. "As the first method is often
insufficient, one must have recourse to the second. It is therefore
necessary for a prince to know well how to use both the beast and
the
man."
14
To know
well
how
and the man what
Here Machiaveili
makes the choice between
to use both the beast
succinct phrasing of tremendous implications!
touches the very heart of the matter.
moral duty and public
<
interest
He
unmistakably clear: "a prudent
ruler ought not to keep faith when by so doing it would be against
his interest." 15 His ground for justification is always the intrinsic
wickedness of men: "they are bad and would not observe their
you are not bound to keep faith with them." 16
Machiaveili counsels the use and imitation of the beast. But
which of the beasts and which of the beastly ways? The way of the
fox and the way of the lion would serve the Prince best. With the
shrewdness of the one he must recognize and escape snares and
stratagems; with the strength and bravery of the other he must terrorize, defeat, and destroy who would dare resort to violence or
challenge his will. As regards promises and agreements, therefore,
the Prince must be a fox, that is, ready, whenever the state's interest requires it, to forget or renege his word. But the way of the
V fox must be practiced slyly with a cunning that camouflages it beyond detection. "It is necessary to be able to disguise this character well, and to be a great feigner and dissembler." 17
Understandably, then, another of Machiavelli's heroes was
Alexander VI a man who read wisdom in the old saying "vulgus
vult decipi" and
faith with you, so
did nothing else but deceive men, and found the occasion for
man was
ever
more
13 Ibid.
14 ibid., 2.
is Ibid., 3.
is Ibid.
" Ibid.
it;
no
able to give assurances, or affirmed things with
Machiavelli
XIII.
[183
man
stronger oaths, and no
observed them
succeeded in his deceptions, as he well knew
less;
however, he always
this aspect of things. 18
Chapter XVIII of The Prince ends with a concise summary of
Machiavelli's view:
It is not,
named
therefore, necessary for a prince to have
qualities,
but
it is
all
the above-
very necessary to seem to have them.
would
even be bold to say that to possess them and always to observe them
dangerous, but to appear to possess them
seem merciful,
faithful,
humane,
is
useful.
sincere, religious,
but you must have the mind so disposed that
when
Thus it
and also
it
is
is
is
well to
to be so;
needful to be
may be able to change to the opposite qualities. And it
must be understood that a prince, and especially a new prince, cannot
observe all those things which are considered good in men, being often
otherwise you
obliged, in order to maintain the state, to act against faith, against
charity,
against humanity,
must have a mind disposed
and against
religion.
as the variations of fortune dictate, and, as
from what
is
good,
if
And,
therefore, he
to adapt itself according to the wind,
I
possible, but be able to
and
said before, not deviate
do
evil if constrained. 19
THE PRINCE AND THE DISCOURSES
The Prince and The Distells "how to
establish the state"; in the latter, "which is the best form of the
state." Machiavelli starts with a fragile principality good enough to
bring some order out of chaos and to provide for the ruler's personal stability; then he goes on to build a durable republic (or
Is there
courses?
free
It
a contradiction between
seems not. In the former, Machiavelli
government) under the indispensable aegis of a providential
founder. Machiavelli's political trajectory could well be inscribed:
from dictatorship to republic. The constitution of The Discourses
would suit a popular regime administered by a vigorous central
power helped in turn by a strong hierarchical organization. The result would be a democratic institution of the type commonly labeled
"authoritarian republic": a republic that follows the example of
Rome. But in the end, Machiavelli's fundamental prin-f
(upon which are predicated both the principality and thej
Sparta and
ciple
republic) crudely flashes across his political board: the state, what]
ever
its
form (the exceptional or the normal and
pletely free of every
18 Ibid., 4.
norm
ideal),
is
of morality. Or, rather, the state
19 ibid.
comH
is
the
From Medieval
IV.
184]
rery foundation of morality:
/to
it
Modern Times
to
decides what
is
to be
done or not
be done sheerly on the limited and relative criterion of
its self-
/ish utility. 20
AN APPRAISAL
Machiavelli
Renaissance.
and
of history,
father of the
representative of the extreme position of the
is
He marks
in the
a sharp break in the Christian continuity
development of
modern theory
political
thought he
of the absolute state
a state
is
the
com-
from every idea of objective morality, a sovereign state released from the restraint of a higher law.
The moral and religious deficiencies of Machiavelli's system
have been noted. But even from the purely political standpoint,
Machiavelli is far from deserving the praises certain authors heap
on his alleged political realism.
His is a simplistic concept of politics. Politics considered and
evaluated in a vacuum, pursued sheerly for its own sake, directed
exclusively to attaining power, is hardly realistic and successful.
It does not work. It spells ultimate failure. History abounds with
examples of men and nations who followed Machiavelli's way to
their doom. The heroes of the Gordian knot, the statesmen of the
shortcuts, the politicians of the means and the stratagems are not
so smart as they appear to their votaries and victims.
Several recurring themes in Machiavelli illustrate his political
abstraction. He exaggerated the problem of mercenary troops. To
them preponderantly if not exclusively he attributed Italy's ruin.
But her decadence had other and graver causes. Machiavelli himself, having persuaded the Florentine government to dismiss the
mercenaries and establish an army of citizens, witnessed the latter's
poor showing when they were unable to save the Republic in
1512. Machiavelli's preoccupation with war as the paramount and
most reliable instrument of state policy borders on obsession: "A
prince should
have no other aim or thought, nor take up any
pletely disanchored
20 See
The Discourses, Book
which Machiavelli
lished in
The
III,
chaps.
3,
41, 42, for passages in
refers to the rules of political morality already estab-
Prince.
On
this point
and on Machiavelli
in general, see the
masterful chapter "Machiavel: Fortune et dictature" in Pierre Mesnard,
L'Essor de la philosophic politique au XVI" siecle (Paris: Librairie Philo-
sophique
J.
Vrin, 1952), pp. 2-85.
Machiavelli XIII.
[185
other thing for his study, but war and
its
organization and disci-
pline, for that is the only art that is necessary to
He
mands." 2 ^
the ancient
also felt that the
one who com-
road to success lay in imitating
Romans. But where was
the "realism" in presenting
sixteenth-century Italian republics a pattern of government that
had flourished so many centuries before in so different a cultural
and political climate? Finally, MachiaveUi's doctrine does not take
into account realities of an international order. His state is not
conscious of other states except to bring them war and destruction.
This extreme individualism denies any idea of international relations and makes of the world a jungle wherein wild beasts, foxes
and lions, lurk stealthily for the prey.
Indeed, for all his lucidity in probing some of men's motives
and despite his passion for a unified Italy, Machiavelli cannot be
extolled as a great political philosopher except in a qualified sense.
He
is
unsurpassed and perhaps unsurpassable in his cynical pres-
entation and wholehearted praise of a political doctrine that
than any other has advanced the
rise of
more
despots and the social de-
mankind. To Machiavelli goes the dubious credit of "^
having sharpened the weapon of political immoralism, with which
terioration of
peoples have been and continue to be tortured by unscrupulous
men.
Perhaps Machiavelli has, after all, rendered mankind a service.
His terrible and "logical" Prince is a reminder that once the state
is granted an absolute value, once politics is divorced from God's
law, there is no dam that can arrest the waters of brutality and
despotism.
solve
One cannot believe in man's inalienable rights and abOne cannot condemn MachiaveUi's political
Machiavelli.
doctrine
and
at the
same time accept
its
fundamental principle. 22
SELECTED BIBLIOGRAPHY
*
Machiavelli, N. The Prince and The Discourses. Trans, by L.
Ricci. New York: Modern Library College Editions, 1950 (New
York, 1940).
The Prince. Introduction by C. Gauss. New York:
.
Mentor Books, 1957.
21
The
22 See
(New
Prince,
XTV,
1.
K. Ryan, "Machiavelli: The Prince," in The Great Books
York: Devin- Adair, 1949), Vol. I, pp. 50-59.
J.
IV.
186]
From Medieval
to
Modern Times
Butterfield, H. The Statecraft of Machiavelli.
New
York: Mac-
millan, 1956.
McCoy,
C. N. R. "The Place of Machiavelli in the History of Po-
litical
Thought,"
XXXVII, No. 4
Meinecke,
The
American
Political
Science
Review,
(August, 1943), 626-641.
F. Machiavellism.
New
Haven: Yale University
Press,
1957.
Villari, P. The Life and Times of Niccolo Machiavelli. Trans, by
L. Villari. London: 1892. 2 vols.
chapter xiv
Bodin
LIFE
JEAN BODIN was born at Angers,
class parents.
France, in 1530, of middle-
His formative years were spent at Toulouse,
where he studied law and for a brief period taught jurisprudence.
Afterward he moved to Paris for a career at the bar but soon
turned to scholarly writing and practical politics. In 1566 he published his Method for the Easy Understanding of History. In it, he
rejected the classic idea of a golden age as well as the Christian
doctrine of the Fall and advocated the optimistic view of man's
steady progress.
litical
theories
He
need to break with old pokeep pace with a continuously ad-
also stressed the
and patterns
to
vancing civilization.
In the meantime Bodin had become favorably
known
at the
Henry III and particularly his brother, the Duke d'Alencon,
held him in high regard and relied on his counsels. It was these
connections that won him several official positions. In 1576 he was
appointed attorney for the crown at Laon. In 1581, as secretary to
the duke, he accompanied him on a journey to England. In 1584
he returned to Laon, where he married and continued in the cacourt.
pacity of king's attorney. Delegated to represent the third estate of
Vermandois
at the Provincial States-General of Blois,
he consis-
From Medieval
IV.
188]
tently favored a policy of
to
Modern Times
moderation and pacification between the
He died in Laon, a victim of the
Catholic and the Protestant party.
plague, in 1596.
Throughout Bodin's lifetime, France was torn by civil wars
caused by the mutual hatred of Catholics and Huguenots and
marked by a tragic sequence of conspiracies, assassinations, betrayals, and massacres. The religious conflicts were compounded
by the political rivalries of two families, the Guise and the Bourthe Guise leading the Catholics, and the
bon. Each of these
Bourbon the Huguenots was aiming for uncontested power and
eventual succession to the crown. At the time, the throne of France
was occupied by the last kings of the Valois dynasty who had
reigned long years under the influence of the Queen Mother,
Caterina de' Medici, a true Machiavellian, devoid of religious convictions,
unscrupulous in her choice of means, concerned only with
keeping her authority
intact.
Never following a
straight policy,
cunningly oscillating between the two factions, she favored at times
one, at times the other,
now
procrastinating,
now
inexorably re-
pressing, always conspiring. 1 In their bid for victory, both
Huguenumber eight
civil wars from 1562 to 1594, the year that the Bourbon Henry
IV (author of the Edict of Nantes in 1598) became king and apnots and Catholics resorted to violence. Historians
plied himself to restoring peace.
THE POLITIQUES
While the savage struggle between Catholics and Huguenots
raged, Bodin, nominally a Catholic, shunned the fanaticism of both
and joined a
third party. 2
Having accepted the fait accompli of the
break in Christian unity, the Politiques (as the members of the
new
force were sarcastically termed) preached religious tolerance,
insisted
1
on the supreme authority of the
The
Saint
Bartholomew Massacre,
in
king,
and opposed
his in-
which several thousand Hugue-
nots were killed, was planned by Caterina de' Medici during the reign of
her son Charles IX (1560-1574), then twenty-two years old. It began on
August 24, 1572, and lasted seven days. Caterina had told her weak son
of a plot according to which the Huguenot conspirators, at the order of
Admiral Coligny, would
rise
throughout France, assassinate the royal
family, and destroy the Catholic nobility.
2 In
1589 Bodin joined the Catholic League but he was soon expelled.
Bodin XIV.
[189
For them the king was an arbiter,
be kept above the debate. Their
defense of royal power became even more spirited upon the publication of Franco-Gallia, a pamphlet on the origins of the French
monarchy, issued at Geneva in 1573 by the monarchomac Francis
Hotman. 3 Arguing from the fact that originally French kings owed
their crown to election and were bound by certain conditions in
the exercise of their power, Hotman concluded that the people had
the right to depose their rulers whenever the latter departed from
volvement in religious
not a partisan.
conflicts.
He was and had
to
the restricting clauses.
Bodin, an enthusiastic advocate of the toleration policy of the
became their political philosopher and gave their ideas
Politiques,
a systematic base and scholarly support in his famous Les Six
de
livres
republique*
la
THE REPUBLIQUE
The Republique
(1576) and
republica
is
a monumental
later extensively revised
libri sex,
1586). Even
work
written in French
and published
in Latin
a cursory glance at
its
{De
forty-two
chapters shows an encyclopedic range of juridical and political
topics.
won immediate
recognition. It was
and by 1580 was already in its
Unfortunately the work is heavy, difficult, and unin-
Bodin's masterpiece
translated into several languages
fifth edition.
viting.
It
has nothing of the nervous, striking incisiveness of
Machiavelli's Prince.
in
its
Today very few have
the courage to read
it
entirety.
Among
Bodin's chief contributions to political thought are his
theory on the origin of the state and,
more important,
his doctrine
of sovereignty.
3
Another monarchomac or
"monarch-fighter"
was the author of
Vindiciae contra tyrannos (1579), a French Protestant, probably Hubert
Languet or Philippe Duplessis-Mornay, who concealed his identity under
the
pseudonym of Stephanus Junius Brutus. With arguments drawn from the
Old Testament, he defended the right of the peo-
Bible, particularly the
ple
(or rather the people's natural representatives
the
barons, doctors,
and heads of municipalities) to depose the ruler when the latter failed to
keep his pact with God or with his subjects.
4 It must be noted that the term "republique" is used by Bodin in the
Latin sense of
commonwealth or
state.
From Medieval
IV.
190]
Modern Times
to
ORIGIN OF THE STATE
"a multitude
of families and their common affairs,
power and by reason" 5 is the result of force.
"Reason itself shows us that governments and states owed their
first establishment to force; and this lesson we learn also from
history." 6 Bodin does not deny the gregarious instinct in man, but
The
state
ruled by a supreme
he holds it directly responsible only for the organization of the
family and the household. Man's passage from a free and independent status in the household as pater-jamilias to a free but restrained status in the state as citizen 7 is a consequence of the sub-
by the stronger. "Force and the lust for
power, as well as cupidity and the passion for revenge, pitched one
against the other; then, as a result of war, the defeated was obliged
jugation of the weaker
to serve the stronger."
SOVEREIGNTY
Bodin's doctrine of sovereignty can be quite simply
summa-
supreme power, unrestrained by laws, over
citizens and subjects," 9 has two essential characteristics: perpetuity and absoluteness. This does not mean that the sovereign is
literally free from all restraint. There are certain laws that limit
him in the exercise of power. Theoretically, sovereignty can be invested in a democracy, an aristocracy, or a monarchy. In practice,
for several compelling reasons, monarchy is the form to be preferred
a royal monarchy in itself absolute and indivisible, yet
not arbitrary, and in its exercise balanced by a political system
rized. Sovereignty, "the
wherein the best in the various classes share in the government.
Bodin's definition
of
petual, unrestrained
there
5
is
very clear,
explanation. Sovereignty
its
is
De
power
is
much
clearer than
some
parts
the undivided, supreme, per-
of the state. Within the state territory
a single source of authority: none, person or association,
I, 1. Quotations from Bodin were translated by the
from the Latin version of his work (De republica libri sex,
republica,
present writer
1586).
lbid., 6.
7
"A
citizen
preme power."
8 Ibid.
is
nothing but a free
man bound
{Ibid.)
Ibid., 8.
to the authority of a su-
Bodin XIV.
can escape
[191
ultimate control;
its
no external force may
all-embracing range or otherwise interfere with
Both the
Bodin
restrict its
exercise.
and the practical implications of this
must not be underestimated. With one masterful
theoretical
terse definition
stroke
its
rules out
whatever could threaten the monolithic
structure of the state. Thus, within the state he dealt the
but
still
blow.
waning
powerfully encroaching vestiges of feudalism a deadly
The
true concept of sovereignty cannot recognize the valid-
ity of special privileges for
the noble or admit the legitimacy of
special rights for the city, the guild, the corporation.
plaisir of the sovereign
may
The bon
grant privileges to this or that portion
privileges by no means inalienable.
The sovereign who dispenses such exemptions and immunities may
revoke them at will. As to the forces threatening the state from
without the pope and the emperor Bodin is equally uncompromising. Neither can curtail the power of the sovereign "who is
accountable only to God." 10 The independence of the national
state is built on and safeguarded by the principle that, brought
of the
community but they are
to
its
logical conclusion, will
produce in Protestant countries a
"national church" under direct control of the ruler, and in Catholic
countries
the
excesses
of
Gallicanism,
Febronianism,
and Jo-
sephinism. 11
10 ibid.
11 Bossuet, the court theologian of royal absolutism, dictated the
Four
(Declaration of the French Clergy, 1682), which
(1) asserted the king's freedom from any direct or indirect spiritual power,
(2) limited the pope's power by subordinating it to the general council, (3)
Articles of Gallicanism
further limited the pope's
power by subordinating
it
to the
common law
of
the whole Church, and the customs of the local churches, and (4) made
the pope's use of the privilege of infallibility in matters of faith dependent
on the
For the text of the Declaration, see
Through the Centuries, pp. 207, 208.
Febronianism (from Febronius, a pseudonym of von Hontheim, Auxiliary
assent of the entire Church.
Ehler-Morrall, Church and State
Bishop of Trier,
macy and
who
infallibility)
in
1763 published a work attacking the pope's
repeated the Gallican Four Articles.
pri-
To them
it
added a detailed plan for civil rulers' resistance to what it called the papal
abuses and encroachments. Through the regium placet, all papal documents
would not be released until passed by the prince's censorship. Through the
exequatur, every papal order, prior to its execution, would have to be approved by the prince. Through the recursus ab abusu, appeals from the
decisions of any ecclesiastical superior could be taken to secular courts.
The Febronian program was literally translated into fact by Joseph II
(1765-1790), Emperor of Austria. Hence the term Josephinism to signify
From Medieval
IV.
192]
True sovereignty
to
Modern Times
perpetual and absolute. First,
is
limited in time, for the state cannot exist without
democracy, sovereignty
perpetual because
is
it
it.
it
is
un-
Thus, in a
always resides in
power resides permanently in the
privileged class of the nobles. In a monarchy, sovereignty is perpetual only when monarchy is hereditary or at least (and here
Bodin considerably narrows his idea of perpetuity) when the king
has unqualified power for life. Tyranny is not sovereign, for it is
the people. In an aristocracy the
As
always temporary.
who hold
to those
authority for a defined
time or until revocation, they are not truly sovereigns but merely
and keepers
Bodin distinguishes
delegates exercising sovereign functions, "custodians
of sovereignty,"
12
trustees for a given period.
between government in the state and state sovereignty. The latter
becomes identified with the ruler only when he is not bound by
limitations of either time or law.
Power unrestrained by laws such is absolute sovereignty. In
this second, more important characteristic, Bodin
stoutly maintains that "a prince is not bound by the laws of his
explaining
... by the laws he himself has
made." 13 The sovereign cannot tie his own hands without ceasing
to be sovereign. He binds his subjects, but he cannot bind himself.
Moreover, a sovereign is absolute when lawmaking belongs expredecessors [and] even less
To
clusively to him.
allow legislators besides himself, within or
without the territory of the
state,
would obviously destroy the very
concept of sovereignty. Therefore the making and breaking of laws
within the realm
eignty.
is
the
The essence
of
first
its
and paramount prerogative of sover-
absoluteness
is
this
whether
very faculty. All the
war or makon magistrates,
bestowing immunities, exercising the power of life and death,
fixing the value, name, and form of money
are included in it.
When Bodin defines sovereignty as the "supreme power unother functions of the sovereign
declaring
ing peace, receiving appeals, conferring authority
a theory and a policy set to enslave and suffocate the Church. Joseph's ex-
travagant measures and reforms were copied by the rulers of Spain, Sar-
and other states. "By 1790, outside the States of the Church
and the new United States of America, there was not a single country in
the world where the Catholic religion was free to live fully its own life"
(Philip Hughes, A Popular History of the Catholic Church [New York:
Doubleday Image Books, 1954]).
dinia, Naples,
12
De
republica,
I,
8.
is Ibid.
Bodin XIV.
[193
by laws," he means unrestrained by human laws only.
"Concerning natural and divine laws, all princes and peoples are
restrained
equally obliged to keep them."
In principle, Bodin
is
14
very definite in granting the state and the
them moral sovereignty. His
The trouble is that
nowhere in the Republique are these natural and divine laws sufficiently defined. At one point, murder is mentioned as forbidden
by the laws of God and nature; also enjoined by God is the obligation of keeping certain promises, pacts, and contracts, but it is not
clear how far these are safe from violation. Of course, they cease
to bind by mutual consent; and the sovereign has ways of eliciting
prince legal sovereignty and in denying
ruler
is
decidedly absolute but not immoral.
the consent of the other party. Moreover, the prince's obligation
ends
when
more: and
conditions change and the reason for the promise
who
when Bodin
sovereign
is
will
challenge the prince's judgment?
It
is
is
no
only
declares the inviolability of private property that his
confronted with any
real, concrete, far-reaching limita-
may
not seize or dis-
pose of the property of another. For Bodin the
citizen's right to
tion.
Except for a
private property
just
reason the sovereign
stems directly from natural law and
is
valid
against the state and the prince to such a degree that there can be
no
direct taxation without the subject's previous consent. This
indeed an astonishing claim from one
who
the absoluteness of sovereignty. Other moral limitations
sovereign are the leges imperii
ticularly the Salic
Law
is
has laid such stress on
upon the
the basic laws of the realm, par-
containing the rules of succession to the
French crown.
MONARCHY
Theoretically, sovereignty
tional forms:
may
reside in any of the three tradi-
democracy, whereby power
is
vested in the multi-
whereby power is vested in a privileged minority;
monarchy, whereby power is held by one alone. In practice, however, monarchy is to be preferred because more in conformity with
nature ("all the laws of nature point to monarchy") and with the
tude; aristocracy,
principle of unity, essential to the concept of sovereignty. Further-
more, monarchy affords a firmer guarantee of order,
to
meet emergencies, and allows greater freedom
14 ibid.
is
better able
in the choice of
IV.
194]
From Medieval
Modern Times
to
men
as advisers and governors. Popular and aristocratic
on the contrary, must too often rely on the counsel
and help of both the wise and the foolish.
Bodin's monarchy is the royal, legitimate monarchy that owes
its origin to royal descent or to lawful war and in which the king
obeys the laws of God and nature, and the subjects obey the laws
of the king while retaining their natural liberty and property. On
these points the author of the Republique and Machiavelli are
poles apart. The Florentine has no moral scruples about how
power is grasped or kept. Bodin insists on absolute power but with
equal emphasis he condemns despotic rule and aggressive states.
His ideal monarchy is marked by the employment, in government
offices, of men of integrity freely chosen by the king from both
nobles and commons in such a way that the former enjoy some
advantages over the latter, and the rich receive positions affording
more honor than financial benefit, the poor more profit than honor.
So far as government is concerned, Bodin wishes his monarch to
be assisted by a permanent council a senate or parliament or the
States-General
existing by permission of the sovereign, devoid of
power to make or to veto decisions, having the sole role of consuitors and advisers.
This is the true, sacred monarchy of Bodin; and its sovereign
holds the highest office on earth, so much so that "he who despises
his sovereign prince, despises God."
competent
sovereignties,
SELECTED BIBLIOGRAPHY
Bodin,
M.
J.
Books of the Commonwealth. Trans, and abridged by
Tooley. Oxford: B. Blackwell, 1955.
Six
J.
Baldwin,
S.
"Jean Bodin and the League," Catholic Historical Re-
XXIII (1937), 160-184.
Mosse, G. L. "The Influence of J. Bodin's Republique on English Poview,
litical
5,
Thought," Medievalia
et
humanistica. Boulder: 1948. Fasc.
pp. 73-83.
Reynolds,
B. Proponents of Limited
France: F.
Hotman and
versity Press, 1931.
J.
Monarchy
Bodin.
New
in
Sixteenth-Century
York: Columbia Uni-
chapter xv
Hohbes
LIFE
THOMAS HOBBES was
born
at Westport,
near Malmesbury
on April 5, 1588, shortly before the defeat of
Armada. Reports of the enemy fleet moving toward
English shores so frightened his mother that she gave birth to him
prematurely. "She brought forth twins: myself and fear," Hobbes
in Wiltshire,
the Spanish
used to say to explain his timid disposition. His father, the parish
vicar, a strange, unpredictable character, left
town and family
in
consequence of a scandal, and the future philosopher was brought
up
in
Malmesbury by a well-to-do
uncle.
At
the age of fifteen he
entered Magdalen Hall at Oxford, already well versed in Latin
and Greek
him
literature;
but
all his
to like the University
love for learning could not bring
atmosphere and methods. After his
graduation in 1608, Hobbes was engaged as private tutor to William Cavendish, later the second Earl of Devonshire, and in 1610
he traveled with him through France, Germany, and Italy. On his
young lord as companion and
was during this time that Hobbes
set himself to become a scholar, translated Thucydides, and gained
admission to the company of the leading men of his time including
Bacon. After the Earl's death in 1628, Hobbes toured the conti-
return to England he lived with his
secretary for eighteen years. It
nent with a
new
pupil. In
1631 he re-entered the Cavendish house-
IV.
196]
From Medieval
to
Modem
Times
this time to the son of his former charge. From 1634
1637 he traveled through France and Italy with the young Earl
of Devonshire. In Paris he met Mersenne and Gassendi; in Florence, Galileo. These contacts turned him more decidedly to the
study of the physical sciences and philosophy, and he resolved to
write a comprehensive treatise on physical phenomena (De corpore), on man {De homine), and on political society {De cive).
Back in England in 1637, Hobbes witnessed the bitter fight
between king and parliament and even entered the debate, writing
and privately circulating a pamphlet on The Elements of Law,
Natural and Politique. He championed the prerogatives of the
monarch, proving the point not with the divine right of kings
hold as tutor,
to
theory but with the doctrine of the social contract, in virtue of
which, Hobbes argued,
the ruler.
when
He
full
the political waters
thought
it
and irrevocable sovereignty
is
granted
succeeded only in displeasing both parties. In 1640,
became dangerously hot and agitated, he
"The first of all who fled," he
best to leave England.
went to France and for the next eleven years resided in Paris.
There he taught mathematics to Charles, the prince of Wales, the
future Charles II; wrote De Cive (1642); and prepared his greatest work, Leviathan, which he published in 1651, the year of his
return from exile. He fled from France because he thought the
Catholic clergy were after him for his criticism of the papacy.
During the last twenty-eight years of his life, in England,
Hobbes became happily involved in a maze of controversies. He
had a special talent for arousing his adversaries and stirring up
endless debate. It is no wonder that the amazing number of books
he wrote during this period on geometry (he tried to prove the
possibility of
squaring the circle), politics, and religion
mostly polemical.
and wrote
his
wick, at the
He
were
also translated the Iliad and the Odyssey
autobiography in Latin verse. Hobbes died in Har-
home
of his former pupil
and
faithful protector, the
who had
and everywhere seen plots
and dangers, he had done exceptionally well. He had lived ninetyone years, fighting lustily, not with the sword but with the pen,
until his last day. He had never married because he wished to devote himself, he confessed, to philosophy.
third Earl of Devonshire,
on December
3,
1679. For one
lived in constant fear of losing his life
Hobbes
litical
lived in chaotic times and, to a certain extent, his po-
works were inspired by the desire
to
end the stormy quarrels
Hobbes XV.
[197
between the fanatic Puritans and the conservative wing of the
English church, between parliament and the crown. The conflict
dated back to the first Stuart, James I, who became king of England in 1603. In his bid for victory, Charles I, the second Stuart,
had openly defied the House of Commons and tried to assume
war
despotic powers, thus precipitating a civil
1642. In the en-
in
suing struggle, the Puritans, the country squires, the jurists,
and
the radical wing of the intellectuals sided with the opposition.
The
and the new mercantile
class rallied to the king. In 1649 Charles I was beheaded; the
commonwealth was established; and Cromwell, the leader of the
parliamentary party, started his ten-year dictatorship. In 1660 the
peers, the prelates of the Anglican church,
monarchy was restored with Charles II as the new king. He was
succeeded, in 1685, by his brother James II, who reigned but
three years. As a result of the Glorious Revolution (1688) the
Stuart king was deposed, a constitutional monarchy established,
and William of Orange invited to head it (1689).
THE LEVIATHAN
Hobbes' Leviathan was published
Cromwell's
rule.
The Book
in
London
in
1651 during
of Job furnished the strange
well as the motto that runs over the
title
page:
Non
title
as
est potestas
super terram quae comparetur
ei ("There is no power on earth
comparable to it"). In its original meaning, the Leviathan is a
marine monster, a sort of big whale; according to Hobbes, it is the
an
state,
One
artificial
animal created by man:
Person, of whose Acts a great Multitude, by mutual Cove-
made themselves every one the Author,
end he may have the strength and means of them all, as he
think expedient, for their Peace and Common Defense. 1
nants one with another, have
to the
shall
The Leviathan,
divided into four parts, describes the nature of
is the commonwealth. The first part conand its artificer, both of which are man; the second, how and by what covenants it is made, the rights and just
power of its sovereign, what preserves and dissolves it; the third
explains a Christian commonwealth; the fourth, the "kingdom of
this artificial
person that
siders its matter
Thomas Hobbes (New York: Dutton, 1914), chap.
from Leviathan are taken from this edition.
Leviathan by
All quotations
17.
From Medieval
IV.
198]
darkness."
The book
to
Modern Times
contains a dedication and an introduction,
forty-seven chapters, a review and a conclusion.
THE STATE OF NATURE
According to Hobbes, the fundamental law of nature is selffrom this and is valid and
preservation. Every other law derives
binding only insofar as
right
and duty. In
it
aids the fulfillment of man's primary
reality, self-preservation is the
only inviolable
law of nature, the only inalienable right of man. "Stay alive" is
Hobbes' categorical imperative. Death is the supreme evil.
Reason suggests the best way to preserve oneself: to be at
peace with all, living amicably, doing to others what one expects
from them. Unfortunately, the nature of man is such that left to
himself and to his antisocial, destructive instincts, he is unable to
enjoy even a minimum of peace. In the state of nature, man is ati
the mercy of fear, vanity, lust for power. Relying solely on fraud
and force, he is at war with every other man, never safe, never
sure, always haunted by anxiety and suspicion, always ready to
strike lest someone first strike him. In such beastly conditions,
man is a wolf to other men {"homo homini lupus") and his life
2
is "solitary, poor, nasty, brutish and short."
THE SOCIAL CONTRACT
To
escape
this situation,
association_c omes
man
establishes the state. Political
then, as the answerto"lrIaTii's q uest for deliver-
a nce a n d sa fety. ISmce
no
"natural""
man
trusts other
men, each
being skeptical of any mutual pledge backed only by the alleged
good will of the parties ("covenants, without the sword, are but
words" 3 ), each^ag^eesjvatli-ev-ery-other to introduce a third power,
strong, sovereign, and impartial, to which the maintenance of peace
is committed. This common authority set o ver all provides the
neededf check on man's selfish tendencies. Natural man h aving become~s ocTal and political, he can now live peaceably with others
for heTmows th.ai_thejlaw will punish those who do not reciproi
cate.
2 Ibid., chap. 13.
3 ibid., chap. 17.
Hobbes XV.
[199
The com monwealth is therefore, a product oLraaa^-vohHrtary
and calculated choicer-expressed through a contract "between
fear
every one and every one." Byj:hjs_cjOJiti3x^b.a^
and not on mutual attraction and love, the ab^olule_right of nature that everyone p ossesses ov er eve r ything is tr ansferred to a
wh ose wiJL replaces
a single man or an assembly
third person
the ind ividual wills of all for the purpose of protecting all from
,
without and safeguaidlrig, wrTrrTn^fiaiie-ameng
This
more
is
all.
the generation of that great Leviathan or rather, to speak
reverently, of that mortal god, to
which we owe under the im-
mortal God, our peace and defense. For by this authority, given him
by every particular man in the commonwealth, he has the use of so
much power and
is
strength conferred
enabled to form the wills of them
on him,
all,
that
by terror thereof, he
home, and mutual
to peace at
aid against their enemies abroad. 4
The contract is be tween each natural man and e very other, not
between these and the sovereign. The sovereigriis the res ult of th e
p act, not a party to it. Consequently, while men are bound to the
master they have created, he is not bound to therrr^The maintenance of peace
is
to choose whatever
his only dutyf in fulfilling
means and
to issue
it,
he
is
perfectly free
whatever laws he considers
most appropriate.
THE SOVEREIGN
As
to the
form of the state, theoretically it does not matter
is one man (monarchy) or an assembly
whether the sovereign
(democracy or aristocracy). In practice, however, for almost the
same reasons advanced by Bodin, Hobbe s strongly favors monarchy
a monarchy wherein "the disposing of the successor is always left to the judgment and will of the present possessor." 5
Whether the sovereign is a monarch or an assembly, his rights
are equally absolute. They logically stem from the motives and
contents of that pact whereof he is the product. For the sake of
peace and protection men have ceded him everything (except the
inalienable right of self-defense) definitely and irrevocably. The
sovere ign ha s, ther^fo^jrnhmited pov/er. The subjects are bound
4 Ibid.
5 ibid.,
chap. 19.
From Medieval
IV.
200]
to all his laws.
sovereign
is
No
revocation of the pact
able to maintain
peaceKNo
to
is
Modern Times
possible so long as the
right of revolt
is
allowed,
and tyrannicide is inadmissible, for the sovereign is incapable of
wrongdoing and, consequently, can never be deserving of punishment. Hobbes goes so far as to grant him the right to interpret
the laws of nature and ultimately makes him the arbiter of what
is just and what is unjust. For Hobbes, these laws of nature are
not immutable principles of action but mere means to the end of
self-preservation in society. They are valid only within the framej
of the social compact. Should there be any conflict between the,
conscience of the subject and the laws of the sovereign, these hold
sway. Thus the relation between law and morality is reversed:
morality rests on law, not vice versa.
Even less restraint on the master's will (if less is possible)
have the principles of common law as formulated in the courts and
the sacred canons issued by the Church. The power of Hobbes'
sovereign does not admit of any limitation. It cannot be shared
with any other legislator. It is incommunicable and indivisible. It
encompasses man's whole life and range of interests. The sovereign
is both absolute ruler and infallible pontiff. It is to be noted that/
while Hobbes' strongest and sharpest opposition is directed at thel
Catholic Church (the "kingdom of darkness" or "kingdom of fairy/
tales") and the papacy ("the ghost of the deceased Roman Empire
sitting crowned upon the grave thereof"), 6 he also violently atj
tacks the Protestant doctrine of private judgment.
every church
is
The ChurchI
under the immediate and absolute control of the
sovereign.
Compared with Hobbes', even Bodin's sovereignty appears less?
embracing, less absolute. Yet Hobbes asserts that in the state man\
is free,
because he has himself willed these conditions:
Fear and
liberty are consistent: as
when
man
into the sea for fear the ship should sink, he does
willingly,
and may refuse to do
of one that was free.
And
it if
he
will:
Ibid., chap. 47.
7 Ibid., chap. 21.
actions,
throws his goods
nevertheless very
therefore the action,
which men do in
which the doers had
generally, all actions
commonwealths, for fear of the law, are
liberty to omit. 7
it is
it
Hobbes XV.
[201
THREE REMARKS
For a correct appraisal of Hobbes' political theory, several remarks are in order. First, admitting for the sake of the argument
that peace is realized and maintained under the conditions he describes, it is highly questionable whether life is worth living in the
Hobbesian
state.
The
loss of true mdivi4ual_and_social
the total surrender of
all
righTsJoJhe sovereign,
freedom,
too great a
is
pay forlnere physical safety. Self-preservation is indeed
a fundamental laV^oTnature but there are other goods to which
man is naturally and supernaturally inclined higher goods that
price to
man
cherishes to the point of disregarding
in pursuing
life itself
or defending them. LibertyJs, on&; justice -andobedience to God's
natural and rev ealed laws are others. Experience proves the falsity
_
of HobbeT a^sumption. There have always been men who did not
value security above
had adequate
all else
and
feel satisfied
simply because they
police protection.
Secondly, the very foundation of Hobbes' theory
Man
is
by nature
social
and
is
untenable.
political, as Aristotle, St.
Thomas,
and countless other philosophers have clearly proved. He seeks
the company of his fellow men; he trusts them, at least to some
extent. Everyday life is a series of acts of faith in mutual understanding and confidence. Hobbes' decision to entrust man's security to the sovereign is a refutation of his major premise.
Thirdly, Hobbes, in another of his typically contradictory
statements, again demolishes his own theory when he admits instances in which the s ubjects may resist the sovereign and virtually
consider themselves freed of
all
obligation to him.
preservation, the reason for the original surrender,
Then
justification for the eventual dissolution of the contract. It
happen
is
may
that the sovereign threatens the life of his subjects, that he
decides to send
he
self-
becomes the
them
to die
on the
battlefield, or,
worst of all/that
unable, to protect thenl In these cases the citizen
from obedience to the master to
He moves
then in a vicious
whom
circle.
is
released
he had confided his
safety.
Anxiety, fear, and suspicion are
never entirely cast aside. The very sovereign
who is to keep peace
and provide protection may at any time become the offender, the
disturber, the enemy. What guarantee is there against him?
In other words,
From Medieval
IV.
202]
to
Modern Times
which the sovereign ensures perfect
who obey him, has never existed, and
the obligations incident to it do not exist either. Hobbes' theory depends on the assumption that men desire security above all things, that
there is nothing for which men would think it worthwhile to risk their
lives. He thinks that men would never rebel if they thought they would
lose their lives in the process. Society is never in danger from such
men. It is the men who will die rather than tolerate what they hold to
be an injustice who endanger the state. If men were as careful of their
lives as Hobbes makes out, there would be no need of a sovereign
power. If they were restless, except when they had perfect security,
there would be no possibility of one. On Hobbes' own showing, what
security have they against the sovereign? Only the probability that it
will not be worth the while to kill them if they do whatever he tells
them. No one who has studied history could take that probability for
the
Leviathan,
that
security against other
state
in
men
to all
a certainty. 8
SELECTED BIBLIOGRAPHY
I and II. New York: Liberal Arts Press, 1958
Leviathan by Thomas Hobbes. Introduction by A. D. Lindsay. New
York: Dutton, 1914.
Hobbes, T. Leviathan
Bowle,
Hobbes and His Critics (A Study in Seventeenth-Century
London: Cape, 1952.
Catlin, G. E. G. Thomas Hobbes as Philosopher, Publicist and Man
J.
Constitutionalism)
of Letters. Oxford: Blackwell, 1922.
Gurian, W. "Hobbes: Leviathan," The Great Books, ed. by H.
Gardiner. New York: Devin-Adair, 1950, Vol. II, pp. 74-80.
Laird, J. Hobbes. London: E. Benn, 1934.
Oakeshott, M. "Introduction" in Leviathan by Thomas Hobbes.
Oxford: Blackwell, 1955, pp. vii-lxvi.
Peters, R. Hobbes. Baltimore: Penguin Books, 1956.
Strauss, L. The Political Philosophy of Hobbes. Oxford: Clarendon
Press, 1936.
Warrender, H.
The
Political
Philosophy
Clarendon Press, 1957.
8 Ibid.,
Introduction by A. D. Lindsay, xxi.
of
Hobbes.
Oxford:
part five: Modern Times
chapter xvi
Introductory
THE FIGHT AGAINST ABSOLUTISM
THE
significance of the first period in the history of
political
modern
thought was heightened by the victorious fight against
The men who provided the intellectual, spiritual, and
psychological weapons were Locke, Montesquieu, and Rousseau.
absolutism.
Then,
in
America, Jefferson, aided by
marized in a momentous manifesto of
Adams and Franklin, sumhuman freedom the reasons
why
the people had the right and the duty to rise against despotism
and establish themselves in a government with restricted powers.
In France it was Sieyes who fixed the immediate issues at stake
and led the final charge.
Locke (1632-1704), to whom the foundation of modern liberalism and constitutionalism is attributed, expressed his political
philosophy in Two Treatises of Civil Government, a widely read
and influential work. Many of his principles were old ones, but some
traditional elements were dropped and others, mirroring a new and
empiristic mentality, added.
The conclusions
thus reached, or sug-
and partly were repellent to classical or
medieval thought. It was in this vein that Locke and his followers
upheld religion and specifically Christianity, regarding it more as
"a new promulgation of the moral law" than a system transcendgested, partly agreed with
V. Modern Times
206]
ing the limits of
man
lation of
The
human knowledge
to his
Maker."
or "a revelation of the true re-
early liberals reduced Christian faith to a prosaic, thor-
oughly tamed, acceptable, bourgeois religion:
whose
a religion
only province was morality, a religion further limited so as to be
not the font but the convenient safeguard of morality. Through
their intellectual
means
alchemy, religion became a completely reasonable
of keeping
mankind out
by adding the
of mischief
fear of
God's punishment and the expectation of His reward to the
straining or stimulating force of other social considerations. It
re-
was
a feat of Lilliputian magnitude that dwarfed Christianity, a divine
and
divinizing
religion,
to
the measurements
of natural
(Logically and inevitably, the late liberals, guided by David
What
discarded even this shred of theology.)
is
more,
man.
Hume,
man was
human
seen as an individual rather than as a social being, and his
reason was proclaimed autonomous to the point of minimizing or
denying the invaluable support given
reduced to individual experience
by
it
and
faith.
Everything was
intellectual
investigation
on reason unaided by Revelation. The exaltation of
reason meant the exaltation of man. Although avoiding the heavy
preoccupation with guilt and the total damning of man proper to
Lutheranism, orthodox Christianity had always insisted on the
reality of sin (original and actual) and its consequences on man
and society. The new men shunned the mere mention of sin: evil
was not an act of the will but of the intellect; evil was but ignorance and ignorance was to be cured by education. Social and political institutions, rather than men, were to be improved or reformed in order to change the face of the earth. Locke and his
was
to rely
tended also to emphasize the rights of
disciples
of his duties;
means
and
right
was
to achieve a divinely appointed purpose.
the inalienable rights are granted
gation
men
the obligation to live well, that
inescapably belongs.)
The
at the
expense
is,
(In reality, even
to
fulfill
an
obli-
in conformity to the
whom
each and everyone
L. Stephen, History of English
(New York: Putnam's
means
as
loving and yet exacting plan of God, to
man
viewed as an end instead of a
in turn
Thought
Sons, 1927), vol.
liberals' crucial test
I,
p.
in the
came when they
lar sovereignty that included both legal
Eighteenth Century
100.
fell
for a
dogma
and moral sovereignty.
of popucould
How
they reconcile the theory of inalienable rights with the belief that the peo-
Introductory XVI.
[207
Another feature of liberalism
was
to
be seen in
community
its
men
principles that
in a
as officially introduced
conception of the
by Locke
Ignored were the
state.
organically tend to be united in the
bond so strong
make
as to
human
their living with others
the necessary condition for a rational existence; that the full reali-
zation of man's physical, intellectual, and moral needs depends
upon
this living
with his fellow men. Displacing them was a con-
tractual theory that
made
the origin of the state exclusively a free
by mutual consent of individual men. The state was said
creation. The state of nature was opposed to the poman's
to be
litical state. The atomistic concept of society had its beginning in
decision
this idea so
dear to Locke.
to live in the state
And
man's having chosen
this idea (of
and even of having given origin
to state
and
government) had as a possible conclusion (a conclusion not envisioned by Locke) that he who had established the state for the
better protection of natural rights could, if he so chose, change
this direction
and use the same contrivance
to
deny or destroy
them. 3
are not
pie (or, for that matter, the state or the nation)
bound by any
ones they impose on themselves? How can a right
be inalienable if the people possess absolute and undivided sovereignty
sovereignty that is not limited by any law, human or divine? See, on this
restrictions except the
and related points, John H. Hallowell's Main Currents in Modern Political
Thought (New York: Henry Holt & Co., 1950), chap. 4, "The Rise of Liberalism," pp. 84-117.
3
"So long as conscience retains a valid role in the scheme of things
its integral character, but with the disintegration of conscience and the denial of the existence of eternal truth and justice the
liberalism retains
liberal
the
is
driven by his
sovereign
(anarchy).
absolute
own
logic to either of
(tyranny)
or
With the acceptance of a
to
two conclusions:
make
the
positivistic
individual
to
make
absolute
point of view which
denies the existence of objective truth and justice the relationship between
individuals and the sovereign can no longer be regarded as a contractual
one since no means of interpreting the contract are
tion of metaphysics the positivist rejects at the
left. With the rejecsame time any possibility
of evaluating the acts of the sovereign in terms of justice or injustice for
justice
is
a metaphysical concept. Since for the positivist the only rights
of individuals are those secured by the positive law, he cannot evaluate the
observance or violation of individual
a matter of fact disappears. Compulsion
acts of the sovereign in terms of the
rights. All basis of obligation as
is
substituted for obligation
and the coercive force behind the law becomes
the distinguishing characteristic of legality. Thus, ultimately, the liberal
who
accepts the positivistic perspective has
no choice but
to
make
either
V. Modern Times
208]
As to constitutionalism, Locke as well as Montesquieu (16891755) insisted on the doctrine of limited government or the rule
of law and not of men, and roundly condemned absolutism in
every form. Montesquieu added his invaluable and detailed doctrine of the separation of powers and called for its incorporation
in the state constitution through a practical system of checks and
balances. What Montesquieu proposed and erroneously thought
had been already realized in England was finally adopted and embodied on a national basis in the constitution of the United States. 4
In the fight against royal absolutism, Rousseau (1712-1778)
joined forces with Locke and Montesquieu. More poet than philosopher, he differed from them in that he represented not liberalism or rationalism but the extremest kind of romanticism (a
romanticism that gave the primacy to the instincts, feelings, emotions, and impulses, and contrasted the natural goodness of man
with the wickedness of society and its institutions). Furthermore
Rousseau, although opposed to royal absolutism and calling for
a revolution to get rid of the old tyrannical order, built up a political theory implicit in which was another and perhaps worse
absolutism the absolutism of the majority. Unlike Locke's, his
man, once a citizen, retained no natural right. Unlike Montesquieu's,
was absolute, indivisible, incapable of alienation
and of representation. Thus what had started as a recovery of the
worth of the individual ended by surrendering him totally to a
his sovereignty
mystical
"general will" or all-powerful "sovereign" that,
ceivably, might
have no way to express
itself
con-
save the will of the
There is no guarantee against numerical quantity's becoming the ultimate criterion of what is right or wrong, of what
are man's rights and obligations. Against it there is no appeal.
majority.
THE DEMOCRATIC REVOLUTION
At
the very eve of the French Revolution, the grievances and
claims of the French people were itemized by E.
the sovereign or the individual absolute and his
whether
explicitly or not, to
own
J.
Sieyes in a
logic forces him,
an espousal either of tyranny or of unbridled
subjectivism." Ibid., pp. 114, 115.
4 The leading principles
of the
American Constitution were defended
and discussed in The Federalist, a collection of essays by Hamilton, Madison, and Jay. For American political thought, see Chapter XXVHI in this
volume.
Introductory XVI.
[209
pamphlet of 127 pages and six chapters, Qu'est-ce que le Tiers
Etat? ("What is the Third Estate?"), published December 27,
1788. A masterpiece of popular political literature and an unexcelled bit of skihful propaganda, it clearly and incisively presented
the issues for all to see and grasp and remember. Born in 1748, a
priest
Sieyes
whom
and hence a member of a privileged order (the clergy),
was early touched by the plight of the common people, to
he in reality belonged. The opening lines of the booklet show
the tone of the writing and the plan of the writer:
work
1st. What
is
is
"The plan
of this
We
have three questions to ask ourselves:
the third estate? Everything. 2nd. What has it been
very simple:
What does it demand?
made three requests in the
hitherto in the political order? Nothing. 3rd.
To become something
name of the common
therein." Sieyes
people: the third estate was to be repre-
sented by deputies chosen from and by the people (a truly popular representation); these deputies
representatives of clergy
and
were to equal in number the
nobility (a double representation);
had
1789) was to be by heads and not by
order (a new method of voting). Sieyes' requests were accompanied by a dark warning for the privileged orders: "If the right
principles were followed, the three estates could not vote together,
neither by head nor by order." The true principles he listed in the
last three chapters, which deal with what the government attempted and others proposed on the matter, what should have
been done, and what there remained to do. On the last point, Sieyes
the voting (in the Estates General, the convocation of which
been promised for
asserted there were
May
two ways open
to the third estate to gain
legitimate place in the nation: to assemble alone
and
its
legislate in
name of the entire nation, or to appeal to the nation and let it,
through extraordinary and specially convoked delegates, decide
the issue once forever.
the
17,
There was something prophetic in Sieyes' Tiers Etat. On June
1789 (at his urging: "The time has come let us cut the
rope"), the third estate proclaimed
Assembly
and soon afterward the Constituent Assembly. Then the Declaration des droits de Vhomme et du citoyen of 1789 and the Constitution of 1791 laid the foundation of French public law with the prinitself
the National
ciples that the whole sovereignty resides essentially in the nation
and that the nation has the imprescriptible right to change its constitution. Thus Sieyes' "nation" replaced the king. But in 1793 it
V.
210]
Modem
Times
was replaced by the "people" of the Jacobin constitution. By then
the revolution had accomplished its task. The new concepts of
liberty and democracy had won over the "gothic" mentality and
the tyranny of the ancien regime. But sovereignty survived intact,
political power lost nothing of its strength, "and the monstrous
Leviathan could continue to smile
strange smile."
On
the not
was perhaps already visible the
and furious galloping of the first modem man on horseback,
too distant
swift
its
Napoleon,
hills
l'
of history, there
enfant de la Revolution.
With the French Revolution the fight for democracy against
absolutism reached one of its most electrifying climaxes. But, prior
to it, other events had already immensely helped the progress of
democratic ideas and the establishment of constitutional practices.
These challenging and liberating events were the English Revolution (1688) and the American Revolution (1776). The significance and implications of the former were not immediately and
fully grasped, for in England the monarchy, though limited, remained, and the landed nobility continued until 1832 to control
the parliament. But none could fail to understand the meaning and
feel the impact of the American and the French revolution. True,
there were great diversities between the two: their underlying philosophies were not exactly the same; the American was not marred
by the follies and excesses that marked the French and it was followed by the establishment of a stable political order. But both
revolutions made one thing unequivocally clear: the people of two
great countries had established a society dedicated to the realization of the principles of equality and opportunity for ail. Monarchy
and aristocracy were absent in the new America. Monarchy and
aristocracy were being eliminated in France.
THE CONSERVATIVE REACTION
had quickened the demowas inevitable especially in regard to
the French Revolution. For some it marked the end of a corrupt
era characterized by injustice and exploitation, and the beginning
of a new epoch of freedom, prosperity, and happiness. Some conreaction to the dramatic acts that
cratic processes of history
sidered
it
one of the worst disasters in human history
5 J.-J. Chevallier,
Colin, 1949), p. 184.
political
Les Grandes oeuvres politiques (Paris: Librairie A.
entire Chapter IV, on Sieyes, is excellent.
The
[211
Introductory XVI.
upheaval wrong in
strophic in
premises, revolting in
its
its
methods, cata-
its results.
and the "revolutionary abstractism" grounded in the Age of Enlightenment, Burke was foremost for both influence and eloquence. It was he who started the
Of
all
critics
of the Revolution
"reactionary" crusade and continued
mission, in the
name
practical experience,
it,
as
if
invested with a divine
of history, realism, tradition, prescription,
common
sense, order,
and hierarchy. Some
some of his reflections emiEven some of his forecasts were vindicated (he predicted, among other things, that the Revolution would soon end in
a military dictatorship). But in general one gets the impression
that Burke was afraid of change and that he wanted even the necessary changes to be but a return to the past. Burke was more in
sympathy with the American Revolution: he found it legitimate,
and justified it because, so he maintained, it brought forth no new
of his principles were eminently true,
nently wise.
idea and because love for freedom
is
characteristic of the
Ameri-
can people inasmuch as the majority are of English origin and
Protestant. But he mistrusted the men of the continent, most of
whom were Catholics, and did not recognize their right to revolt.
Also representative of the conservative reaction were Joseph de
Maistre (1753-1821) and Viscount de Bonald (1754-1840).
De
Maistre, in particular, a most able and intelligent man, gave expression to his political doctrine in the Nights of St. Petersburg
and Considerations on France.
He
of nature prior to society. Society
denies the existence of a state
is
not the work of
man
but of
God, who from the very beginning made man social. The constitution of each nation is to be exactly tailored to its needs, customs,
religious belief, geographic features, and moral characteristics. A
constitution based on preconceived ideas and theoretical principles
will not have a long life. According to de Maistre, the French constitution of 1795 was prepared for man in general (in the abstract)
and not for France and Frenchmen in particular. It did not embody and respond to the history of that nation; it paid no attention to the mentality and traditions of its people. He also maintained that sovereignty
form.
He
is
one, inviolable, absolute
favored hereditary monarchy.
He
whatever
its
intensely disliked de-
mocracy: he saw in the "people" the harshest, most despotic and
intolerant monarch.
More
recently the Revolution and
its
parliamentarism and re-
V. Modern Times
212]
publicanism found a stout adversary in Charles Maurras (18681952), organizer of Action Frangaise (1898) and author of Enqueue sur la monarchic (1900-1909). Doctrinaire and demagogue,
he was the last (or was he next to the last?) of a long list of remarkable Frenchmen who each in his own way opposed the atomization or fragmentation of the French nation and tried to undo
what they considered the evils of the Revolution. Like de Maistre,
de Bonald, Comte, Taine, and even more than these, Maurras was
a reactionary of the right, dead set against liberalism, democratic
constitutionalism, individualism. In addition he stressed a highly
emotional and almost irrational factor already advocated by
Maurice Barres (1862-1923): integral nationalism, a sort of national dictatorship based on traditionalism and regionalism, to
unite the entire nation and lead it to greater glory. For Maurras
the love of the nation was the overwhelming criterion for decision
and action. His motto could literally have been Machiavelli's
words: "I love my country more than my soul." Maurras cultivated and encouraged to the nth degree hatred of alien influences
within France. He wanted French culture to be nourished with the
Greek and Roman classic spirit and to recognize institutional Catholicism as part and parcel of its tradition. But he wrote blasphemously against the "Hebrew Christ," the "redeemer of slaves and
the dethroner of the strong," and refused to acknowledge Christianity as a supernatural faith.
To make
the French nation
what he wanted
it
to be.
strongly advocated a return to monarchy, through force
Maurras
if
neces-
His monarchy was to be traditional, hereditary, antiparliamentary, decentralized. The king was to be a representative of the
sary.
nation but one
find a
who both
reigns
more extreme and rabid
and governs. Indeed,
it is
nationalist than Maurras.
he exerted a powerful influence on
hard to
As
such,
Fascism (which he
called "a magnificent explosion of Italy's youth") and on Mussolini who, when Pius XI condemned Action Frangaise in 1926, is
said to have remarked: "I felt the wind from the bullets that hit
Maurras." 6
Italian
Another writer who similarly opposed the French Revolution while
same time insisting on the cult of the nation was Giuseppe Mazzini
(1805-1872). Against the Revolution's emphasis on rights, he emphasized
men's duties, and instead of "individuals" he spoke enthusiastically of "collective humanity." It was Mazzini's contention that humanity manifests
6
at the
Introductory XVI.
[213
THE LIBERAL REACTION
The democratic and revolutionary creed was fully endorsed by
Thomas Paine and Wilhelm von Humboldt. Paine (1737-1809),
born in England, came to America in 1774. In 1776 he published
Common
Sense, advocating the separation of the colonies from
England and their establishment as a republic. In the same pamphlet he pleaded, on grounds of both justice and utility, for popular
government (equated by him with the rule of reason) against
hereditary government (equated by him with rule by ignorance).
This doctrine of popular sovereignty and limited government was
also the main theme of his Rights of Man, written after his return
to England, in answer to Burke's Reflections on the Revolution in
France. On Burke's acid comment on French happenings, he remarked: "He pities the plumage but forgets the dying bird." A
follower of Rousseau and a convinced revolutionist, Paine found
his political ideal expressed in the French Declaration of the
Rights of Man and Citizen. While in France and in jail (he belonged to the Girondin faction and was almost guillotined by
Robespierre), Paine wrote The Age of Reason, a condemnation of
orthodox Christianity and a defense of deism. He returned to the
United States in 1802 and remained there the rest of his life.
Wilhelm von Humboldt (1767-1835), in his Essay on the
Limits to the Action of the State (written in 1792, published in
1850), radically opposed all the prerogatives of the absolute state
and any governmental intervention in the life of the citizens except
to safeguard their internal and external security. Humboldt separated politics from morality and religion. He wanted the state to be
preoccupied only with the observance of the laws and not with religion and religious matters. Even the control of the morals of the
citizens is out of bounds for his state. (As will be evident, this
doctrine had many points in common with that of the utilitarians.)
According to him, every people has a particular misand that mission is what constitutes its nationality. But Mazzini, unMaurras, advocated a liberal, humanitarian type of nationalism
itself in nationalities.
sion
like
nationalism compatible with or rather calling for "the alliance of the peoples in order to work out their mission in peace and love
each supporting and profiting by the other's aid" {Giuseppe Mazzini: Selected Writ.
ings, ed.
by N. Gangulee [London: Drummond, 1945],
p. 139).
V. Modern Times
214]
Reasons for justifying and praising the French Revolution were
brought forward in quantity by another German philosopher,
Johann Gottlieb Fichte (1762-1814). Later Fichte advocated
ideas not consonant with democratic tenets, highly extolled the
and called for a rigid regulation of all its economic
activities. By welcoming the democratic revolution, however, and
defending the right of the people to change their political constitution, he put himself on record as a believer in liberal individualism and economic liberalism.
A liberal but cautious reaction was voiced by Alexis de Tocqueville. While accepting the democratic principle, he warned
nation-state,
against the dangers inherent in
its
egalitarian principle (uniformity
and conformity, excessive individualism, tyranny of the majority).
To make democracy safe he appealed to man's passion for liberty
and to firm religious convictions. Tocqueville's ideas are found in
his Democracy in America
an unexcelled study by a foreign observer of a nation's institutions and culture, probably the best ever
written, whose value remains undiminished even today.
UTILITARIANISM
Utilitarianism
Hume
was prepared by David
(1711-1776);
its
formulation was anticipated by the French philosopher Claude
Helvetius (1715-1771); but
it
was Bentham (1748-1832) who
in his Treatise of Human Nature
(1739) and Inquiry Concerning the Principles of Morals (1751),
denied the existence of rational principles of justice or moral laws
gave
it
classic expression.
Hume,
of nature and, therefore, the rational basis of the so-called rules
of morality. These he explained as
social utility.
Nor
mere conventions or
dictates of
did he admit the validity of reason or conscience
action. For Hume the
"Reason is, and ought
only to be, the slave of the passions and can never pretend to any
other office than to serve and obey them." 7 Helvetius, in his Of
the Spirit (1758), repeated Hume's denial of absolute right or
justice and saw in self-interest (seeking what is pleasurable, avoiding what is painful) the sole determinant of men's actions. But he
as a link
between natural law and human
spring of any action
is its
agreeableness
7 Hume's Moral and
Political Philosophy,
Henry D. Aiken (New York: Hafner, 1948):
p. 25.
ed. with
an Introduction by
Treatise of
Human
Nature,
Introductory XVI.
added
although self-loving and born without "innate prin-
that,
ciples of virtue,"
by
[215
men can be
so educated and guided and helped
legislation as to seek their happiness in the
happiness of others.
As
to
Bentham,
promotion of the
in his lengthy presentation t
of the utilitarian theory he held that the test of the goodness of any
action
contribution to
is its
human
happiness.
He
disregarded the
idea that the state originated through a primitive contract for the
rights. Rather, he conceived
from the purely hedonistic angle of having been established
because of its usefulness to men, for the specific purpose of promoting "the greatest happiness of the greatest number."
One of Bentham's most faithful and brilliant supporters and
one of the most fervent apostles of the utilitarian creed was John
Stuart Mill (1806-1873), son of James Mill. He added precision
purpose of protecting man's natural
it
to the notion of happiness with his qualitative concept of pleasure
Bentham for whom pleasures are all of the same
insisted on its social characteristics. Mill was a firm
(here correcting
and
species)
believer in sociology, in his view the unique social science. His
most famous essays (Utilitarianism, 1861; On Liberty, 1859; Considerations on Representative Government, 1861) reveal an extreme individualist. His definition of freedom is well-known: "The
only freedom which deserves the name, is that of pursuing our
own good in our own way, so long as we do not attempt to deprive others of theirs or impede their effort to obtain it." 8 Except
in very special cases Mill rules out all interference with the liberty
of action of any
man
or group:
the only purpose for which
power can be rightfully exercised over
any member of a civilized community, against his will, is to prevent
harm to others. His own good, either physical or moral, is not a sufficient warrant.
Over himself, over his own body and mind, the
.
individual
is
sovereign. 9
Consequently, governmental activities are to be limited to the minimum. To help men remain free, to provide an opportunity for a
"variety of situations," Mill recommends representative government, adding however that such government is possible only
among highly developed peoples. In his concern for individualism,
8
On
Liberty, in
Utilitarianism, Liberty,
ment (London: Everyman
9 Ibid.,
p. 73.
and Representative Govern-
Edition, 1929), p. 25.
V. Modern Times
216]
Mill warns against the danger of mass democracy and of the con-
sequent ascendancy of public opinion: "they
things, listen to the
same
places,
"
jects
have
same
their
now
same
read the same
go to the
hopes and fears directed to the same obthings, see the
things,
10
IDEALISM
As
a philosophical system, idealism represented a reaction to
empiricism (championed by Gassendi, Hobbes, Locke, and especially
Hume),
that
is,
against the emphasis
on sense experience
at
the expense of thought in the learning process. According to the
idealists,
ideas are the essential factors in knowledge:
nothing beyond our idea and our knowledge, and
tellectual activity alone that everything
is
there
is
by our inexplained. As an ethical
it is
doctrine, idealism struck hard at the hedonistic concept of utili-
tarian liberalism (life
spring of
on
human
is
a pursuit of self-interest, and pleasure the
action).
The
idealists
gratification or calculation or
put the accent on duty, not
even
right.
They saw
life
as a
tremendously exacting and heroic affair. For them, man's purpose
was to achieve perfect spiritual freedom a purpose to be realized
by stages with the help of law, morality, society, and religion. As
a political theory, idealism was an extreme effort to turn away
from the individualistic outlook and atomism of the democratic
revolution, which had limited and therefore in a sense minimized
the authority and the functions of the state. The idealists (pantheists, mystics, and romantics combined) extolled the national state
to unparalleled heights. They denied its creation by individuals or
families or other social groups. They viewed its authority as unlimited, its law as the infallible expression of justice, its citizens as
absorbed by and in it so as to become fully free.
Prominent idealist philosophers were the German Herder,
Fichte, and Hegel. Johann G. Herder (1744-1803) featured in
politics the indefinable element Volk and called for the German
people's recapture of the essence of their Volkstum and the pur-
suit of its destiny, following the intense fervor of their primitive
feelings
and subjective
intuitions.
Herder's state
is
totalitarian:
abroad are regulated by state plan, foreign trade is a state
monopoly, citizens' occupations and professions are decided by
trips
Ibid., pp. 130, 131.
Introductory XVI.
the state.
[217
Johann G. Fichte (1762-1814)
in his
Addresses to the
German Nation (1807-1808), fourteen discourses delivered at the
Academy of Berlin and intended for the entire nation, gave much
importance to the national
state.
He wanted
the individual to sub-
widen its sphere of authority, particularly in regard to property and production and trade, to
the point of setting in motion a system of state socialism. With
Hegel, German idealistic and nationalistic thought reached its climax. As the separate chapter on Hegel explains, the state became
"the realization of freedom," the absolute power on earth, "der
Gang Gottes in der Welt" ("the march of God in this world").
merge
into a collectivity
and the
Individuals were completely at
state to
its
mercy, without rights against
it. The omnipotence of the
was incarnate in the ruler in him the spirit of the people
lived and expressed itself. Nations were independent one of another. In their mutual relations, the rules of conventional morality
had neither meaning nor place. Perpetual peace was not to be desired, for by stopping the progress of evolution it would bring stagnation and corruption. History is explained in terms of divine
it,
deriving
all spiritual reality
state
from
judgment: the nation that triumphed over the others in a given
was the one predestined to impose its will and to
push forward the frontiers of the Spirit.
Outside Germany, outstanding representatives of the idealistic
view of the state were (in England) Thomas Hill (1836-1882),
F. H. Bradley (1846-1924), Bernard Bosanquet (1848-1923),
and (in Italy) Giovanni Gentile (1875-1944). It was Gentile who
historical period
gave Italian fascism
its
philosophical ideology and, at Mussolini's
request, formulated the so-called fascist doctrine.
POSITIVISM
The founder
From 1818
to
of positivism was Auguste Comte (1798-1857).
1824 he was a disciple of Saint-Simon (1760-
1825), whose ideas for the organization of a new society much
impressed him. But unlike Saint-Simon, who wanted to reform society immediately, Comte realized, after a reading of de Maistre,
some unity of
among men. Since
that
faith
and thought had
first
to be re-established
MidAges was out of the question, mankind was to be provided
with a new basis from which to project itself into the golden age.
dle
a return to the "theological" unity of the
V. Modern Times
218]
This
is
why and how Comte founded
his philosophical system.
and
and
explains all human behavior in terms of scientific laws immanent
in the things themselves. It was Comte's fundamental thesis that
determinism rules natural phenomena as well as man and society:
human life and activities are unalterably governed by certain natPositivism repudiates
all
traces of metaphysical speculation
moral appraisal, considers experience the sole source of
ural immutable laws just as physical
phenomena
truth,
are constantly
by equally necessary, immutable, and immanent laws
of nature. It was also Comte's belief that through observation and
description of human events (the data of experience) it was posa reliable
sible to reach the knowledge of their laws and relations
the
whole
body
of
which
knowledge,
constitutes
invariable
and
positive philosophy and includes all positive sciences: mathematand then astronomy, physics,
ics, their broadest foundation,
chemistry, physiology, and finally, for their apex and ruler, sociology, a term which Comte himself coined. The last specifically
studies human facts and draws on the findings of the other sciences. Its object is the "observation of intellectual and moral facts,
through which human societies are constituted and by which they
are progressive." u Its purpose is synthesized in Comte's famous
phrase: "Savoir pour prevoir, afin de pourvoir" ("To know in
order to foresee, and therefore to provide"). It has the role
theology had in the Middle Ages.
Comte speaks of a static and a dynamic sociology. The former
controlled
deals with institutions (the conditions of social existence: property,
the family, language) or objective
lish
means needed by man
to estab-
himself in society, and with junctions (the conditions of social
equilibrium: social forces, material, intellectual, moral; authority;
and
religion).
Dynamic
sociology deals with the laws of social
progress: in general, the law of evolution; in particular, the laws
of intellectual progress, progress in activity, affective progress. It
is
according to the law of affective progress that man's natural
sentiment of altruism will grow so strong as completely to dominate egoism, the other natural sentiment. Here, in Comte's fourth
law,
is
the essence of his morality
a morality that consists in
duty: the duty to live for others.
11 F. J. Thonnard, A Short History of Philosophy (Tournai and New
York: Desclee, 1955), p. 762. The whole chapter on "The Synthesis of
Auguste Comte" (pp. 752-776) is worth reading.
Introductory XVI.
Comte saw
[219
in the history of
humanity the law of progress or
it in his so-called "law
continuous development and he expressed
of the three stages" in the evolution of the mind.
is
The
stage
first
the theological (wherein facts are explained by reference to the
wills of
ond
personal beings, especially supernatural beings).
The
sec-
the metaphysical (wherein things are explained in terms of
is
impersonal forces and general concepts, such as causes, substances, faculties).
study
is
made not
The
third stage
of the
first
is
the positive: in
causes of facts (the
it
a rigorous
why) but
of the
laws by which they are controlled (the how).
Comte's philosophy is contained in his Course of Positive Phi(1830-1842) and System of Positive Politics (18511854). In the later work he expresses his disapproval of democ-
losophy
racy and in particular of delegating sovereign powers through
popular suffrage.
He
also developed a strange plan for a political
and religious organization of society under the intellectual and
moral direction of a scientific priesthood (sociologists) helped
by an elite of industrial leaders and bankers. Comte attempted to
construct a positive religion to supplant Christianity.
He
gave
a trinity: humanity, earth, air; priests (the supreme pontiff
Comte
himself
and
it
was
he received annual suband ceremonies, and saints (the
in his later years
from his followers); rites
was a woman with whom he had been intimately associated).
A derivative form of positivism, although quite independent
of some of Comte's philosophical positions, was the doctrine of
Herbert Spencer (1820-1903). He was convinced that evolution,
"a single metamorphosis universally progressing," was the magic
principle capable of bringing together in a unified whole all sciences from astronomy and biology to ethics, sociology, and politics. For him society and political institutions were the result of a
slow inevitable process of certain laws immanent in nature. Prinsidies
first
cipal
among
these were Darwin's law of the survival of the
and, consequently, of the extermination of
all
who
fittest
are unwilling
or unable to adapt themselves to the social milieu, and Lamarck's
law of the inheritance of acquired characteristics, according to
which the surviving individuals and society at large cannot fail to
become better from generation to generation. State and government are temporary evils, for men still labor under violent instincts inherited from previous forms of existence. But because
the process of evolution must take place unhampered, the func-
V. Modern Times
220]
tions of the state are to
be limited to the
men
the maintenance of order. Ultimately
minimum
necessary for
be divested of their
will
predatory tendencies; ultimately the state will disappear. Then
men and
nations, having reached the ultimate stage of social evo-
an
lution, will enjoy the blessings of
economy
industrial
that will
provide work and food and leisure for everyone to live together
happily and peacefully.
equilibrium
is
reached a
At least for a time:
new process sets in
for once the ultimate
backward process,
a process of dissolution.
SOCIALISM
A wide
variety of
modern
socialist doctrines
developed during
the latter half of the nineteenth and the early twentieth century.
As
rule, socialism in all its
forms
that turns to politics only as a
is
primarily an economic theory
means
to
its
economic
goal. It
originated as a protest against such evils or defects of capitalism
and opportunity; insecurity and
unemployment; production not for use but for profit; antagonism between employers and employed. It has, as a common
fund and inspiration, a positivist and materialistic morality: "placing the ideal of human life on this earth in economic prosperity,"
socialism attempts "to procure this status by a new organization
of society in which the right of private property will be suppressed
as inequality of wealth, income,
cyclic
completely or in part."
12
Writing in 1928, F.
J.
C. Hearnshaw
13
described the essentials of socialism as the six E's: the exaltation
of the
community above the
individual, the equalization of
human
conditions, the elimination of the capitalist, the expropriation of
the landlord, the extinction of private enterprise,
and the eradica-
tion of competition. In other words, socialism seeks (1) the abolition of all
forms of private capital and with
it
the incentive to
private profit; (2) the public or collective ownership at least of
all
the great industries and the land.
third essential has
been
more recently, added: the organization of a central planning system to direct all economic activities in view of the common good.
While all socialists agree on these general principles (except
for the anarchist-socialists and the syndicalists, who would not
12 Ibid., p. 810; see entire
13 In his
chapter on Socialism, pp. 808-826.
Survey of Socialism, Analytical, Historical, Critical (London:
Macmillan, 1928), chap.
2,
"The Six Essentials of Socialism," pp. 34-70.
Introductory XVI.
[221
accept the emphasis on central planning), they disagree on the
how
to do it. Communists and
violence and revolution
on
syndicalists and some
guild socialists, and
Collectivists,
means.
as the most important
and non-violent
a
gradual
socialism
by
some anarchists try to build
kind of society to re-create and
anarchists rely
process of "evolution."
COMMUNISM
Marx (1818-1883)
scientific socialism,
14
lowing the dogmatic
( 1 )
(2)
The
The
is
commonly recognized
or communism.
He and
as the father of
Engels
denial of
social processes of
The
the fol-
God and
everything spiritual in man.
materialistic interpretation of history, according to
which the economic structure of society determines
(3)
made
articles of its creed:
all
human and
life.
class struggle,
which began with the establishment of
and finds expression today in the irreconcilable
antagonism (arising from the appropriation of the "surplus value"
by a handful of exploiters) between capitalists and proletarians.
private property
(4)
The
class.
of a social revolution as
inevitability
which the proletariat
will
a result of
overthrow and expropriate the
capitalist
15
(5) The dictatorship of the proletariat, whereby the proletariat
organized as the ruling class will liquidate the bourgeoisie
and develop socialism into communism.
(6)
The withering away of the state.
The emergence of the new society
the ultimate, Godform of human society.
Marxian socialism was further developed and applied to the
changed economic and political situation of the world by Lenin
(1870-1924). He is credited with the elaboration of a new theory
(7)
less, classless, stateless
14
This kind of socialism
is
contrasted with what
socialism," a socialism that has for
siderations
and
relies
its
is
called "Utopian
bases humanitarian and moral con-
on voluntary acceptance arrived at by means of perIts most famous advocates were Francis (Gracchus)
suasion and education.
Babeuf (1760-1797), Henri de Saint-Simon (1760-1825), Charles Fourier
(1772-1837), Robert Owen (1771-1858), Pierre-Joseph Proudhon (18091865).
15 In this regard, the Communist Party has the catalytic function of
hastening and quickening the tempo of the revolution.
V. Modern Times
222]
and with a study of the state, both the
and the proletarian state, from the point of view of
of proletarian revolution
capitalist
Marx's premises.
SYNDICALISM
Syndicalism, the theory that regards the trade union organiza-
new society and as
was born in France. Its most
influential figure was Georges Sorel (1847-1922), an engineer
by profession and also a philosopher but above all a moralist,
severe, intransigent, harsh, gloomy, and passionate. He expressed
his social theory in Reflections on Violence, a series of articles
that appeared in 1906 and were published in a revised form in
tions or syndicates as the foundation of the
the instrument for
its
realization,
many
of the socialist beliefs: contemporary sotwo irreconcilable classes, the state was a
tool at the service of a few exploiters, private capital was the root
of all evils. But he refused to accept collective ownership of the
means of production, and favored, in the new society, a system of
producers' cooperatives controlling industry and operating as
independent units. He also went his own way in choosing the methods by which capitalism was to be replaced by socialism. Antiparliamentary, aristocratic, and revolutionary, Sorel despised political parties. He could not stomach the Parliamentary Socialists,
who had compromised with the exploiters' world and abandoned
1908. Sorel shared
ciety
was divided
into
the revolutionary idea. Originally a bourgeois, Sorel envisioned
salvation only through the
ers'
"autonomous development of the work-
syndicates" and their insurrection or "direct action" against a
corrupt and unjust social organization. Their action was to take the
forms of boycott, sabotage,
strikes, and ultimately of the general
combined and simultaneous strike of the workers of key
industries, such as electricity, gas, and transport). This general
strike (a
strike Sorel
proposed to labor as
their
myth: an apocalyptic vision
of the capitalistic world falling to pieces, ending shamefully be-
cause of the total paralysis of economic
life.
In summary, two
ideas dominate Sorel's Reflections and, in general, his syndicalist
doctrine:
a negative idea, which
is
like the light.
The
is
like
the shadow, a positive idea, which
negative idea
is
the violent, angry, bitter rejec-
Introductory XVI.
[223
tion of the democratic compromise and of parliamentary socialism, its
most odious form. The positive idea is the exaltation of proletarian
Only this violence, guided by the idea or more precisely
violence.
.
by the myth of the general strike, will be capable of giving rise to that
new morality which will save socialism from sinking down and maintaining the revolutionary ideology on an even keel. 16
DEMOCRATIC SOCIALISM
The communists and
the syndicalists believed in revolutionary
socialism and, viewing even the democratic state as a product of
force and an instrument to perpetuate exploitation,
collaborate with
it
in
any way. But other
selves in favor of attaining the desired
socialists
refused to
expressed them-
end through gradual and
peaceful changes constitutionally effected.
Of
these socialists, Karl
Holland in 1938) was
the leading mind behind the Second International founded in Paris
in 1899 and later repudiated by the extreme radicals. An implacable foe of Lenin and Russian communism, he remained all his
Kautsky (born
life
in
Prague
an orthodox Marxist:
in 1854, died in
at least, so
he claimed. In
reality,
he
accepted Marx's materialistic interpretation of history and the belief in
the inevitable disintegration of capitalism.
On
other issues,
however (Marx's meaning and timetable of the proletarian revolution and the organization of the new society), which form the
core of his opposition to Lenin and Russian communism, Kautsky's love for democracy and hatred of physical violence and
moral coercion made him perhaps wander away from true Marxism. Thus Lenin seems right in accusing Kautsky of misunderstanding and even betraying Marx's teachings. 17
THE FABIAN SOCIETY
Other democratic socialists consciously and definitely abandoned the Marxian platform. Prominent in this group are the
Fabians or members of the Fabian Society founded in 1884 in
16 Chevallier, op.
cit.,
p. 318; see the entire
chapter on Sorel, pp. 313-
332.
17
The Proletarian Revolution and Kautsky the Renegade (1919) was
Lenin gave his answer to Kautsky's The Dictatorship of the Proletariat (1918), an indictment of Russian dictatorship. Kautsky also wrote,
the
title
V. Modern Times
224]
England. They reject the materialistic and atheistic philosophy
communism
economic theory and are against
They also differ from
communism in their attitude and approach to public ownership of
the means of production. They are for it when and insofar as there
are practical and verifiable justifications (in view of the common
good) for transferring this or that industry from private to public
ownership. Above all, the Fabians seem to believe more in individual freedom than in socialization. They implement their program only with the consent of the people, whom they, in the meantime, seek to inform, educate, and persuade. Finally, while
of
as a basis of their
violence and other unconstitutional methods.
communism advocates
the ultimate disappearance of the state, the
Fabians seem to suggest that the democratic state will remain
in-
added functions as required by the increased reof more abundant production and a more equitable
definitely with
sponsibility
distribution of wealth than presently exist.
ANARCHISM
Etymologically, anarchy means "without rule." As a theory,
anarchism advocates a society without government, wherein men
and harmoniously together not by submitting to
law or by obeying an authority but through agreements, freely
concluded and kept, between the various territorial and profes-
live peacefully
sional groups, for the sake of providing for man's material
intellectual needs. 18
Of
the extreme anarchism of
in the
same
vein, Terrorism
Marx wanted
and
course, this definition does not apply to
Max
Stirner
(1806-1856), the author
and Communism (1919).
It
was
the socialist revolution to take place only
his thesis that
when
the prole-
would represent the majority of the population and when, as a consequence, the victorious proletariat must not and need not rule by force.
18 See in the Encyclopaedia Britannica the
article on Anarchism, written by P. Kropotkin. One of the first modern writers to give expression
to anarchist thought was William Godwin (1756-1836), the author of Enquiry Concerning Political Justice (1793). Starting with the liberal dogmas
(autonomy of human reason, its independence from revelation, man's indefinite perfectibility), he ended, not inconsistently, by repudiating all authority and asserting that human institutions are the greatest obstacle to
justice. Godwin's ideal was to make tabula rasa of the whole structure of
political and religious belief and to replace it with a new social arrangement entirely derived from and based on pure speculative reasoning.
tariat
Introductory XVI.
against every form of state; he conand communism. He centers his docexclusively around the individual considered as unique and
of Unico (1845). Stirner
demns
trine
[225
is
liberalism, socialism,
master of his destiny. Everyone, in Stirner's opinion, defrom himself; hence, everyone has the right to be
literally
rives his rights
what he wants and can
is
even entitled to
kill if
fuses every social law
vidual.
He
be,
and
also to
do whatever he wishes.
He
he authorizes himself to do so. Stirner re-
and
sees in society the
enemy
of the indi-
proclaims the perfection of man, rejects sin and guilt
any limitation on the individual's
and freedom. But almost all other anarchists admit that
man is gregarious by nature, that men must be united by good
will and mutual help; and for the maintenance of this bond (which
will safeguard the common good of all) they rely only on voluntary cooperation. Almost all anarchists share a marked belief in
socialism. Next to the abolition of the state and every form of government, they look to the abolition of private capital and to a
society wherein each will work according to his capacity and receive according to his need. Where they disagree is on the method
as meaningless, does not accept
activity
to reach
anarchy and in their attitude toward
The two famous Russian
religion.
Bakunin (18141876) and Peter Kropotkin (1842-1921), were atheistic and revoanarchists, Mikhail
The former considered belief in God the prinfreedom and made atheism and its propaganda
lutionary anarchists.
cipal obstacle to
first
of his chief principles
state); the latter
morality.
wanted
Both had,
(next comes the destruction of the
religion replaced
in theory
and
by a natural,
instinctive
in practice, insurrectional tend-
encies.
Leo
Tolstoi (1828-1910), although denouncing the state as
"the domination of the wicked, supported by brute force" and asserting that "robbers
are less dangerous than
a well-organized
government," proposed to reach universal anarchy through persuasion or the illumination of the heart of each individual and,
once the
light is seen,
Tolstoi's
anarchy was compatible with belief in
through passive resistance to government.
on the Sermon on the Mount
literally interpreted.
God and
based
similar theory,
although highly personalized and interpreted with a touch of
Thoreau's and Gandhi's ideas and ideals,
is preached by the
Hennacy, a Catholic pacifist, and some of his
associates in "The Catholic Worker" movement. Hennacy's prin-
American
Ammon
V. Modern Times
226]
and
ciples
life
are interestingly told in his Autobiography of a
The following
Catholic Anarchist.
nacy on
We
his group's doctrine
is
a recent statement of
Hen-
and policy:
are motivated by Christ and St. Francis to a life of voluntary
poverty with no reliance upon bullets or ballots or formal organization to achieve our ideals.
Gandhian
We
feel that
we have
dialectic in taking the thesis of the
creatively used
Counsels of Perfection
of the early Christians as contrasted to the antithesis of the acceptance
of the industrial-capitalist system by most of the clergy today; and
we have emerged with
the synthesis of living poor, in the vanguard
of civil disobedience to air-raid
drills,
payment of income taxes for
war, and in the absolutist stand of refusal to register for the draft,
creating
the
society "within the shell of the old." 19
new
TOTALITARIANISM
Both
in the theory
and the practice of
politics,
recent times
have been characterized by three notable features: the rise and
development of democracy, nationalism, dictatorship. The growth
of democracy decisively marks the period between the French
Revolution and the outbreak of World War I and, again, the period subsequent to
World War
II.
The
universal emergence and
consolidation of nationalism (the political principle that organization into an independent statehood
constituting a nationality)
past 150 years.
The
is
the right of every people
have vividly colored the history of the
national idea and sentiment
peoples everywhere and provide leaders of
slogans, at times deceptive, always fiery.
all
The
still
deeply
stir
kinds with facile
rise of dictatorship
dominant feature of the period that began in 1917. Under
cover of virulent nationalism or under the mask of democracy,
totalitarianism (in one form or another) has become a common if
is
ugly political fixture in too
many
countries.
There are three major types of totalitarianism in the modern
sense of the word: the communist, the fascist, the national socialist.
20
The
first
seized
all
power
in the
name
of the proletarian
The Catholic Worker, New York (January, 1959).
forms of totalitarianism were officially condemned by Pius
XI (1922-1939): fascism, with the encyclical Non abbiamo bisogno of
June 29, 1931 (The Conflict in Italy, N.C.W.C., Washington, D. C, 1931);
national socialism, with the encyclical Mit brennender Sorge of March 14,
19
20 All three
Introductory XVI.
class, the
[227
second on behalf of the nation, the third in the name
The communist type advocated by Marx and realized
of the race.
described elsewhere in this book. Italian
in Russia
by Lenin
fascism
also treated separately.
to
its
is
is
The Nazi
dictatorship carried
ultimate conclusions the theory of totalitarianism elaborated
by the Italian fascists as they went along. But national socialism
no mere copy. In applying the fascist pattern to their problems,
the Germans added elements of their own, such as racism, panGermanism, anti-Semitism, and anti-Christianism.
is
NATIONAL SOCIALISM
Adolf Hitler (1889-1945) was chiefly responsible for the rise
and development of national socialism. From 1933, the year he
became chancellor of the Reich, to 1945, the year that saw his
tragic end and the end of his regime, party, and war, Hitler applied his political doctrine in Germany. But he had long before
put it into writing in Mein Kampf (1925-1927), an autobiography
and a statement of principles. In this work, and especially in Chapter XI ("Volk unci Rasse") of the first volume, Hitler presented
to Germans 21 everywhere a new conception of the world. This
Weltanschauung is based on the dogma of race, according to
which the blood of a social group is the only true determinant of
its outlook and mode of thought. The race, its blood: this is the
exclusive influence on history, and indeed the basis for a new interpretation of history. What the mode of production is to Marx,
race and blood are for Hitler.
There is a superior breed of men: those of the Aryan race and
primarily the German people, the "depository of the development
of human civilization." They are a race of masters, men whose
greatness consists not so
much
in intellectual talents as in their
idealism or capacity to sacrifice themselves for the community.
1937 (The Church in Germany, N.C.W.C, Washington, D. C, 1937);
communism, with the encyclical Divini Redemptoris of March 19, 1937
{Atheistic Communism, N.C.W.C, Washington, D. C, 1937). The text of
these three encyclicals appears also in Church and State Through the Cen-
by Ehler and Morrall.
was addressed exclusively to the Germans. It
was not an article for exportation or a philosophy for universal adoption.
But it was a theory that concerned all men, for ultimately it wanted them
divided into two classes: the slaves and the masters.
turies, ed.
21 Hitler's racist doctrine
V. Modern Times
228]
(It is
here that Hitler sees the essential difference between the
Aryans and the Jews: the
latter
have no "idealism"; they use
intelligence only "to destroy.") It
race be kept pure, uncontaminated.
is
their
imperative that the superior
is
The
loss of the purity of
blood
the irreparable loss, the unforgivable sin.
This fundamental premise established, Hitler gives his view of
the mission of the state. Hitler's state ("the
German
nation")
is
German
state of the
"ethical," antiliberal, antiparliamentary, anti-
and corporative. It is totalitarian or alland all-governing. It offers an answer to all questions,
a solution to all problems. It is a one party state; and that party
egalitarian, hierarchical,
inclusive
the German national socialist, "the bearer of the idea
German state and inseparably connected with the state."
is
of the
It is
one mysteriously anointed by God to be the mediator between heaven and
the German people. From him all government stems. He is always
right. He cannot be contradicted. He is to be unconditionally accepted: obey or perish. To him personally all citizens are responsible. Actually, in the Nazi state, all state officials were to take an
leader-state: the Fiihrer
is
constitution, law, court: the
oath to the Fiihrer.
It
should be kept in mind that in Hitler's doctrine, exalted
though the
state
is, it is
not an end in
ment, a "container": what counts
immense
is
itself. It is
what
it
merely an instru-
contains.
And
here
is
between Mussolini's and Hitler's state.
The fascist idea of the state was not new: it went back to Machiavelli; it re-presented the classical idea of the state-nation, an end
in itself. Fascism, to believe its theoretical assertions, was
statolatry
and the worship of the state is not new in Western
political history. But for Hitler the real thing is the Volk or Volkstum, a term pregnant with deep and dark meanings, a term reaching back to primitive times to discover the tribal essentials of the
the
difference
people considered as "the racial unity resting on the community
of blood."
Hitler assigns the state a dual function. Internally,
serve the purity of the
German
blood. This
of appropriately ruthless measures:
it
it
must pre-
does through a series
(1) legislation and vigilance
blood mixtures or contaminations; (2) clever and unrelenting propaganda to make the masses race-conscious and to
against
free
all
them of
all
restraining considerations (conscience, morality,
humanitarian principles, respect for truth, natural rights) in the
Introductory XVI.
pursuit of their
German
[229
(imperialistic)
destiny; (3)
the forma-
tion of the character of individual citizens so that each
feel the
and
all
incomparable pride of belonging to the German nation.
Externally, the racist state
expand adequately for
must defend the German people and
their sake. This at the
expense of France,
an irreversiand of communist Russia, to provide the Germans
with needed Lebensraum. As allies of Germany for the realization
of this foreign policy, Hitler recommended Great Britain and Italy.
to cancel forever the humiliation of past defeats with
ble victory;
CHRISTIAN DEMOCRACY
Christian Democracy is an idea and a movement both social
and political. Founded on Christian principles and committed to
a method of freedom, it aims at a synthesis of individual rights
and social duties, and works for the creation of a state wherein
all classes cooperate and all members are free under the law.
Born in Europe in the nineteenth century and slowly developed
in the first
War
decades of the twentieth,
it
came
of age after
World
II.
of pioneers and champions opens with the names
Lamennais (1782-1854), Jean-Baptiste Lacordaire
(1802-1861), and Charles-Forbes-Rene de Montalembert (18101870). Writing in their newspaper L'Avenir, these men attacked
both the Gallican heresy and the theory of absolutism. Ultramontanes and democrats, they stood for separation of Church and
state, for universal suffrage, for legislative power in the hands of
the people, and for absolute control of government by the people.
Some of their views and methods were justly condemned (by
Gregory XVI in his encyclical Mirari vos) others, eminently right
and timely, did not and could not die and would again be forcefully presented by the leaders of Christian democracy.
Christian democracy is also a social and economic theory directed to the protection and betterment of the weaker classes
the
working classes both urban and rural. Here, in regard to this aspect, those who provided the spark and outlined a plan of action
were the French Antoine Frederic Ozanam (1813-1853) and
Leon Harmel (1829-1915), the German Wilhelm Emmanuel von
Ketteler (1811-1877), Bishop of Mainz, and his disciple Canon
Christopher Moufang (1817-1890), the English Henry Cardinal
Its
of
long
list
Felicite
V. Modern Times
230]
Manning (1808-1892), and the Italian Giuseppe Toniolo (18451918). They bitterly opposed the unbridled laissez-faire economies, fought selflessly to end oppression and exploitation, championed the workers' right to organize, to just wages, to decent
hours and working conditions.
Perhaps most responsible for the modern
and systematic
formulation of Christian democratic principles and goals, and for
meet
was the scholarly
Sicilian priest Luigi Sturzo (1871-1959). At the end of World
War I he founded a political party of Catholic laymen called the
Popular Party. After World War II similar parties sprang up in
and Western Europe, instead of
almost all European countries
going socialist as predicted, was carried out of chaos to salvation.
The principles fundamental to Christian democracy are not
new. They form the core of what is generally termed the JudaeoChristian heritage: the fatherhood of God, the brotherhood of
man, the essential dignity of the human person, man's duties to
himself and to society, the right to private ownership and the social
function of property, the relationship between morality and politics. But as a modern force Christian democracy strives valiantly
to apply the old principles to today's problems and to supply the
needed alternative to a Godless communism and a secularistic and
capitalistic liberalism. Christian democrats refuse to see only two
irreconcilable ways in politics and economics. They contend that
there is a third and right way, which is equally against the dic-
the establishment of a Christian democratic party able to
the challenges of the present century in Europe,
tatorship of
profit
money
or the materialistic philosophy of unlimited
and the dictatorship of the
Christian democracy's
tion.
The
first
dictates of charity
nity, the idea of the
state or class.
characteristic
and of
common
is its
Christian founda-
justice, the sense of
vidualism, of hedonism, and of a secularistic mentality
to vivify
and
and purify
these are
and contribute
to
man's personal
second characteristic
is
the
political life
social happiness. Its
commu-
good, the rejection of narrow indi-
method
freedom. Force, fraud, stratagem are outlawed as means to
cal
and economic
goals. All such goals are to
of
politi-
be pursued constitu-
Thus Christian democracy strikes simultaneously at both secularistic liberalism and
atheistic communism: at the former's materialistic outlook and its
divorce from an objective norm of morality, at the latter's total
tionally in a free, gradual, orderly fashion.
Introductory XVI.
God and
denial of
liance
on
[231
of everything spiritual in
violence, terrorism,
and
man
as well as
its
re-
deceit.
Christian democracy attacks the economic right and the eco-
nomic
it
is
conform
is
with equal vigor. Contrary to extreme individualism,
left
ready to change established economic norms and patterns to
to the needs of the time. It insists that private property
to be used not only for one's
own good
but also for the good of
the community. It admits the state's right to regulate economic
life.
Contrary to excessive collectivism,
it
believes that
man
has a
sacred, though limited, right to private property. It opposes the
total transfer of the
view the
means
of production to the state. It does not
state as a "repressive force" at the service of a single
class.
In
its
formation and growth and progress, Christian democracy
owed much
to the Church. Firstly, of all forms of government,
democracy for the Christian democrats seemed to embody the best
norms of a Christian (and therefore Catholic) order. The Chris-
tian doctrine of
brotherhood of
all
men
in Christ, Christ's pre-
occupation for the humble and defenseless, His preaching the
gospel to the poor, the Christian idea that greatness consists in
serving rather than in being served, the long Christian tradition
of equality
and freedom through the Middle Ages and into the
all this seemed naturally to call for a secular
sixteenth century
arrangement devoted not
service of the
to the
human person
triumph of abstractions but to the
recognized as a free and equal being,
a possessor of natural rights, inextricably bound to the social
framework within which he lives and works. It seemed also that
a democratic form of society constituted an almost ideal milieu
wherein the Church could expand and fulfill her mission, and men
reach their full natural and Christian stature. Secondly, there were
official declarations of the Church to praise and recommend principles and policies advocated by the Christian democrats. The social concern so essential to the democratic idea and movement obtained invaluable support in Rerum novarum (May 15, 1891),
the famous encyclical of Leo XIII on the condition of the working
classes. The pope was as determined as his predecessors to resist
anti-Christian tendencies in
liberalism
and Marxist
modern society especially secularistic
But he did not limit himself to
socialism.
a defensive posture, to a condemnation of error, or even to the
restatement of principles good and valid in themselves but of
little
V.
232]
Modem
Times
contemporary
by a siege men-
efficacy unless daringly applied to the solution of
problems. Not a man to have
tality, Leo XIII presented a
Christian order able to
his strategy dictated
and constructive pattern of
provide the needed alternative to both
positive
rapacious capitalism and totalitarian socialism. Great as
his
all
(and they explore every aspect of social, political,
and economic life), it is in this that he was truly revolutionary,
encyclicals are
ahead of
his contemporaries, setting
even the most social-minded
entirety.
states
up a program
of reforms that
have not yet carried out in
its
His charter of labor revived the social conscience of the
Catholic laity and gave a tremendous impetus to Catholic social
thinking and to
free the
all
threat of Godless
The
men
of
good
will:
it
spurred them to act to
world from the curse of unrestricted capitalism and the
communism.
democracy received new support
Quadragesimo anno (May 15, 1931), the encyclical
social ideals of Christian
in Pius XI's
on the reconstruction
of the social order.
In his exposition of the fallacies of both capitalism and socialism,
Pius
XI continued
the social "middle
sor in the encyclical
way" enunciated by
Rerum novarum.
his predeces-
Meditating over the papal rec-
ommendations, a number of competent observers, both Catholic and
non-Catholic, have
come
to believe that the solution to
modern
eco-
nomic problems actually lies in a system of corporative organizations
which would curb individualist excesses while guarding against undue
encroachments by the state. If they are right, then the encyclical Quadragesimo anno may be regarded in future epochs as one of the most
significant documents of the twentieth century. 22
As
for the political aspect of Christian democracy, that
is,
con-
cerning democracy as a form of government (government of the
people, by the people, for the people),
it was not until the pontifiXII that the Church explicitly proclaimed it the political
system best conformed to the modern temperament. In his many
pronouncements (which still await a scholarly exploration and
evaluation), Pius XII insisted time and again that the people are
responsible for the government and the laws of their country. He
saw the people not as a confused, helpless, and inert mass to be
moved at will by a body of governors or rulers, but as a dynamic
whole, masters sub Deo et lege of their being and of their activity.
cate of Pius
22 Ehler
and Morrall, op.
cit.,
p. 412.
Introductory XVI.
He
called
on them
to
make
[233
the legal system Christian
national and the international level.
He
on both the
expected them to trans-
form the old environment by injecting into it the principles of a
higher law and the values of Christian morality. At this point,
Pius XII towers above all his predecessors. Even Leo XIII, who
was so aware of the historical evolution of the social question,
limited his survey of the political question to a reality that was
soon to vanish. He seemed to take into account only one form of
government: the paternalistic, monarchical, authoritarian. Leo had
made
the great breakthrough in regard to the social problem. Pius
XII made it in regard to the political. Each in his own way gave
Christian democracy approbation and help.
This does not at all mean that the Church has endorsed Christian democracy as her own social and political doctrine and party.
Strictly speaking the Church is of no political color. For her the
theory and form of government in a given country are immaterial
so long as its principles do not conflict with Christian ethics and
she
left free
is
interests
to pursue her mission.
Her unchanging
spiritual
cannot be identified with the contingent purposes of a
nation, party, organization, or
her diplomacy never
movement,
falls in line
just as the
conduct of
with (although at times
it
may
run parallel to) the policies and moods determined by momentary
preoccupations and sheerly political reasons. Yet it remains true
that Christian
democracy
policies that admirably
is
based on principles and advocates
respond to the exigencies of the Christian
conscience as illuminated by the constant teaching of the Church
throughout the two thousand years of her history. 23
SELECTED BIBLIOGRAPHY
*
David Hume's
Political Essays. Ed.
by C. W. Hendel.
New
York:
Liberal Arts Press, 1953.
*
Hitler, A. Mein Kampf. Boston: Houghton Mifflin, 1939.
Mill, J. S. On Liberty. Ed. by C. V. Shields. New York: Liberal
Arts Press, 1956.
Representative Government. Ed. by C. V. Shields.
York: Liberal Arts Press, 1958.
.
23
See Conrad Bonacina, "The Catholic Church and
racy," Cross Currents,
ley,
New
Modern Democ-
No. 5 (Fall, 1951), pp. 1-14; J. V. Langmead Casser"Christianity and Democracy," ibid., IV (Fall, 1954), 310-326.
V. Modern Times
234]
*
Utilitarianism. Ed.
by O.
Piest.
New
York: Liberal Arts
Press, 1957.
Our Bishops Speak. Ed. by R. M. Huber. Milwaukee: Bruce, 1952.
Papal Pronouncements on the Political Order. Ed. by F. J. Powers.
Westminster, Md.: Newman, 1952.
Sorel, G. Reflections on Violence. West Rindge, N. H.: Richard R.
Smith, 1941.
Smith, A. The Wealth of Nations: Selections. Ed. by G. J. Stigler.
New York: Crofts Classics, 1957.
Sturzo, L. Politics and Morality. London: Burns, Oates, 1938.
Church and State. New York: Longmans, 1939.
Nationalism and Internationalism. New York: Roy, 1946.
The Federalist. Introduction by E. M. Earle. New York: The Mod.
ern Library, 1937.
The
Political
Writings of John
Adams.
New
York: Liberal Arts
Press, 1954.
The
Political Writings of
Thomas
Jefferson.
New
York: Liberal Arts
Press, 1955.
A Code
of Social Principles. 3rd ed. Prepared by the International
Union of Social Studies. Oxford: Catholic Social Guild, 1952.
Bayal, J. J. The Catholic Church and the Modern State. Rochester,
N. Y.: St. Bernard's Seminary, 1955.
Brecht, A. Political Theory: The Foundations of 20th-century Political
Thought. Princeton: Princeton University Press, 1959.
Carlen, C. M. Dictionary of Papal Pronouncements: Leo XIII to
Pius XII {1878-1957). New York: Kenedy, 1958.
Code of International Ethics. Compiled by the International Union
of Social Studies. Trans, and ed., with a Commentary, by J.
Eppstein. Westminster, Md.: Newman, 1953.
Cole, G. D. H. A History of Socialist Thought, 4 vols. New York:
St.
Martin's Press, 1953-58.
Collins,
J.
History of
Modem
European Philosophy. Milwaukee:
Bruce, 1954.
Cronin, J. F. Catholic Social Principles. Milwaukee: Bruce, 1950.
D'Arcy, M. C. Communism and Christianity. Baltimore: Penguin,
1956.
Duff, E. The Social Thought of
the World Council of Churches.
York: Association Press, 1956.
Einaudi, M., and Goguel, F. Christian Democracy in France and
Italy. South Bend: University of Notre Dame Press, 1952.
Ferrero, G. The Principles of Power: The Great Political Crises of
History. New York: Putnam, 1942.
New
Introductory XVI.
[235
Fogarty, M. P. Christian Democracy in Western Europe, 1820-1953.
South Bend, Ind.: University of Notre Dame Press, 1957.
Fremantle, A. (ed.) The Papal Encyclicals in Their Historical
Context. New York: New American Library, 1956.
Friedrich, C. J., and Brzezinski, Z. K. Totalitarian Dictatorship
and Autocracy. Cambridge, Mass.: Harvard University Press,
1956.
Gentz. F. The French and American Revolutions Compared. Trans.
by John Quincy Adams. Chicago: Gateway Books, 1955.
Gurian, W. Bolshevism, an Introduction to Soviet Communism.
South Bend: University of Notre Dame Press, 1952.
J. Papal Social Principles: A Guide and a Digest. Milwau-
Harte, T.
kee: Bruce, 1956.
Hughes, H. S. Consciousness and Society: The Reorientation of
European Social Thought, 1890-1930. New York: Knopf, 1959.
Humphrey,
R. Georges Sorel, Prophet Without Honor. Cambridge,
Mass.: Harvard University Press, 1951.
From Burke
Kirk, R. The Conservative Mind:
to
Santayana. Chi-
cago: Regnery, 1953.
G., and others. The Philosophy of Communism. New
York: Fordham University Press, 1952.
Laski, H. J. Political Thought in England from Locke to Bentham.
New York: Holt, 1920.
The Rise of European Liberalism. 2nd ed. London: Allen
and Unwin, 1947.
Lecler, J. The Two Sovereignties: A Study of the Relationship Between Church and State. New York: Philosophical Library,
La
Pira,
1952.
MacKinnon, D. M.
(ed.) Christian Faith and Communist Faith.
London: Macmillan, 1953.
Maritain, J. Man and the State. Chicago: University of Chicago
Press, 1951.
.
The Social and
Political Philosophy of
Selected Readings. Ed. by
J.
W. Evans and
Jacques Maritain:
L. R.
Ward.
New
York: Scribner, 1955.
Menczer,
B.
(ed)
minster, Md.:
Moody,
J.
litical
Inc.,
1789-1848. West-
1952.
N. (ed.) Church and Society, Catholic Social and PoThought and Movements, 1789-1950, New York: Arts,
1953.
Nuesse, C.
J.
The Social Thought of American
minster, Md.:
Osgniach, A.
1950.
Catholic Political Thought,
Newman,
J.
Catholics. West-
Newman, 1945.
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Pareto, V. The Mind and Society, 4 vols. Ed. by A. Livingston.
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Pollock, R. C. "Luigi Sturzo,
Thought,
An
XXVIII (1953-1954),
Anthology of His Writings,"
165-208.
Rocker, R. Nationalism and Culture. 2nd
ed.
Los Angeles: Rocker
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Rogers, E.
Christian
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Praeger, 1952.
Shewring, W. Rich and Poor
in
Christian
Tradition.
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Zizzamia, A. "Catholicism and Internationalism, a Papal Anthology," Thought, XXVIII (1953-1954), 485-527.
CHAPTER XVII
Locke
LIFE
JOHN
LOCKE,
philosophy a
tol, in
the powerful
new
direction,
mind who was to give European
was born at Wrington, near Bris-
Somerset, on August 29, 1632. His father, a landed notary,
was a dedicated Puritan; a captain in the Parliamentary Army, he
civil war of 1642, which brought death to Charles I
and power to Cromwell. For his studies Locke went first to Westminster College in 1646; then, in 1652, to Christ Church at Oxford, where he received his bachelor's and master's degrees and
taught Greek and moral philosophy for several years. While at
Oxford he also studied medicine but he did not take the regular
course and so never obtained a medical degree.
In 1664, during the first Dutch war, Locke accompanied Sir
Walter Vane on a diplomatic mission to the court of Brandenburg.
In 1666 he met Anthony Ashley, the future Earl of Shaftesbury.
It was the beginning of a lifelong friendship. Lord Ashley made
him a member of his household, his counselor and companion, his
family physician, tutor to his grandson and, after he was named
Lord Chancellor (1672), took Locke as secretary. The philosofought in the
pher thus found himself a close witness of the
critical
events of
that fateful period. Shaftesbury sided with Charles II until the
latter
broke with parliament. Then he supported the Whig re-
V. Modern Times
238]
sistance to the king's efforts to extend the royal prerogative. After
a short-lived reconciliation with the court, Shaftesbury
and, though
was accused
acquitted
of
the
charge of treason, forced to leave England for the continent.
He
of
conspiratorial
activities,
tried
repaired to Holland, where he died in January 1683.
Locke's fortunes followed those of his patron and friend.
lost
the
king's
favor,
(1675), journeyed to
tired to
He
was dismissed from government office
France, returned to England (1679), re-
Oxford and, in 1683, resenting the suspicions of the Stuart
went to Holland, where he remained five years. The exiled
partisans,
Locke joined
man who
the party of William of Orange, the
stood
and parliament, and helped prepare the
expedition that, in November 1688, saw the fall of James II, the
victory of the liberal Whigs, and William's accession to the throne.
In February 1689, on the ship that was carrying Princess Mary
home, Locke returned to England. There, serenely, he spent the
remaining years of his life. He was seventy-two when he died in
October 1704 at Oates, near London, in the home of Sir Francis
and Lady Masham.
for liberty, Protestantism,
GENERAL PHILOSOPHY
The most important
philosopher
is
his
of the works of this prolific and versatile
Essay Concerning Human Understanding writ-
The Essay introduced a new theory of knowledge and is credited with having begun
the rationalistic movement, which was to become so fashionable
in the eighteenth century and whose tenets would so influence the
philosophers and doctrines of the French Revolution.
ten in Holland (1687) and published in 1690.
This cultural
and
movement
tried to explain
phenomena, through reason
emancipated from tradition and revealed
social
life,
as well as natural
Human
alone.
religion,
reason,
was considered
capable of understanding everything within the realm of experience.
In his Essay,
,qgke mrn.paresjhe soul t o a tabula ra sa
experie nce gr adually imprints ideas, that
standing^
He
is,
all
whereon
objects of under-
denies any validity to Descartes' theory of innate
ideas^Ifthere were such ideas in man, Locke's theory runs, these
woujdjje^eguafjj^jr^^
atheists
and-polythcists are numerous
is
He
noLjnnate, for
likewise denies the ex-
Locke XVII.
istence
[239
o {^universally Jaioj\yn_jrioral principles, for, he argues,
principles
and customs vary from nation
to nation.
POLITICAL WRITINGS
Locke's political doctrines are closely related to his general
philosophy. 1
As knowledge comes
exclusively through man's rea-
son by the combination of simple ideas, political power derives
solelyJrpm
man's
will
by the
free association of c onsenting individ-
is expressed in his four Letters on
was written in Holland) and especially in his
famous Two Treatises on Government. In the Letters he is for the
separation of civil and religious power. Locke wants to fix exact
limits for both. He is against force and constriction of every sort as
a means of spreading or maintaining religion, ah(T advocates toleratiofribr-afr^XcepXaiheists (whose promises and oaths are~groundless and therefore valueless), Turks and "papists" (whose beliefs
impose on them an external temporal authority), and all who
undermine the state's security. 2
Of the Two Treatises, the first, with its severe and exhaustive
uals.
Locke's political thought
Toleration (the
first
criticism of Filmer's theory of absolute power,
is
now
obsolete
and seldom read. The second, a theoretical justification of the
Orange regime, advances a new political doctrine, always and
everywhere applicable, concerning the origin, extent, and purpose
of state power. It is this doctrine that makes Locke the father of
modern liberalism and constitutionalism, and opens the way for
the eighteenth-century philosophers and their war on absolutism.
THE STATE OF NATURE
Following the ideas of his time, Locke begins his inquiry into
the origin of the state with a description of the state of nature
"that state
all
men
are naturally in."
cording to reason without a
1
There
common
"Men
living together ac-
superior on earth with au-
however, exceptions. The empirical philosophy of the Essay,
by no means be reconciled with the theory of natural law
as expounded in the second treatise on government.
are,
for example, can
2
Note the
similarity to
Rousseau's propositions in the chapter "Of
Civil Religion" in the Social Contract.
V. Modern Times
240]
to
thority
nature."
judge between them,
are
properly in the
Contrary to the traditional doctrine, which considers
and
social
Locke
of
state
being intrinsically bound to
political
(like_J-Iqbbes
life
man
in civil society,
jino^Rousseau) jees^^QliticaLsociety as the
^
For him
But
of Hobbes
resutrofjajree contract, not_as-anatural social organism.
it is
a matter of convenience and- expediency^ not of necessity.
Locke's state of nature has
and Rousseau.
It is
little
in
common
with that
a_sjate_o|_perfect Jreedom, for in
it
men "can
order their actions, and dispose of their possessions and persons
as they think
other man.
fit"
and are not dependent upon the
It is a_state
will of
any
of equal ity, in which^all power_is_reciprocal.
No
one has more than another. All are born to the same natural
advantages. It is a state of reason and not of license, a state ruled
by a_la^j^ njatuTejJri^^
one ought to harm another in his life, health, -liberty or possessions." 5 As everyone is God's property, he is bound to preserve
himself and,
when
his preservation is not endangered,
preserve the rest of mankind. In other words, each
he ought to
man
has^a right
These rights exist simultaneously in
all: each enjoys them, each must respect them in others. Notice
how closely Locke's concern for freedom and equality is tied up
to l^ejjibejrj^an^pioperty.
with the concept of law.
as to
La w,
in turn ,
is
sojfreed of arbitrariness
become an expr essio n^ol order an^La-guarantee of freedom.
ManTiaTTurtEerrnore a fourth and a fifth right: to^ execute the
law of nature by resisting and punishing transgressors jind to exact
reparationToT^5y~violaiion "oTrm inviolaWe claims. This means
that in the state of nature each
tioner.
As
man
own
judge and execuby calm reason and
nothing here of the uncon-
is
his
such, hbwever7Tie~must T5e~guided
the dictates of conscience. There
is
Hobbes' helium omnium contra omnes.
The state of^aJurj,Jhe^eJo^js_not L or at least jhpuld not be,
a state pi wajL But should a state of war, a state of enmity, malice,
violence, and mutual destruction emerge, then men would find
trolled passion of
Locke, An Essay Concerning the True Original, Extent and End of
Government, 19. Selections from the second of the two treatises
on civil government are taken from the edition published by the Oxford
University Press (London, 1952), in the volume entitled Social Contract,
with an introduction by Sir Ernest Barker.
3
Civil
4 Ibid.,
4.
5 ibid., 6.
Locke XVII.
[241
themselves in a bad way. The conflicting parties, especially the
weaker contenders, have no authority on earth to which to appeal;
which to resort for a settlement of the
judges on whom to call for a just and
binding sentence. The lack of such authority, laws, and judges
does not necessarily lead to war, but if, due to human frailty and
no
clear positive laws to
controversy; no
common
a faulty interpretation of the law of reason, war comes, in the state
of nature
mankind would
suffer the
more and
the longer.
THE STATE: ORIGIN AND PURPOSE
avoid such_a_pje^ic^rrienl-^ndjp_remedy the deficien-
It is to
cond ition that men voluntarily, through mutual
consent and agreerngn^decide to abandon the state of nature and
forln/a pbTI ticarsocigty under a common power able to settle their
litigations. 6 In so doing, each man resigns his natural role of
judge and executioner to the community, which is to act as "umcies oj-trre jiaUi r al
pire" according to
Locke's
its
surrender
self-imposed standards.
is
from the complete surrender of
far
Kobbes and Rousseau. 7 It affects only the fourth and the fifth
right. The first three, the rights to life, liberty, and property, remain untouched, untouchable. The limited surrender has a single
purpose: that these fundamental rights, belonging inalienably to
every man,
is
may be
the better maintained and protected. Tjiejstate
created for^specific end, a legal, juridical end: to translate into
J
concrete" terms the enactments of naturaLiaw ancLto safeguard
the individuaTlInmlglcil^
Man's basic rights
many
constitute so
containment of
state
barriers to the sovereignty of the state. This
power
is
heart of his thesis, the key to
Locke's constant preoccupation, the
all
his political doctrines.
THE COMMUNITY AND POLITICAL POWER
In the
new commonwealth,
criterion of right
6
while natural law
and wrong, the community
is.
is still
the final
sovereign. It
is
the
Locke believes that the
state of nature has actually existed. In his
today among independent states: "All princes and
rulers of independent governments all through the world, are in a state of
opinion,
it
still
nature." Ibid.,
7
exists
14;
see also 145.
man completely to the government; Rousseau's surrenders him completely to the community.
Hobbes' social contract surrenders
V. Modern Times
242]
depositary of
all
To
authority.
associate
its
members, acting on
the principle of majority, belongs the right to choose the govern-
ment, as well as the right to
of that
resist
same natural law, which
ignore or
amend
preme power
to
and overthrow
it,
in the
name
may
never
positive enactments
or abrogate. "There remains in the people a su-
remove or
alter the legislative,
legislative act contrary to the trust
when
reposed in them."
they find the
8
fortiori,
this holds for the other branches of government. Locke makes itT
clear that despotic
power. Only the
all
men had
power
is
latter is valid
not to be identified with political
and
legitimate. It
community and
express or tacit trust, that
it
power
that
therein to the governors "with the
shall
be employed for their good and
the preservation of their property."
community
The
the
individually in the state of nature but subsequently
shifted to the
the
is
is
Government
is
the trustee,
both the creator and the beneficiary of the
trustee has nothing save duties
trust.
toward the beneficiary.
Political power includes the power to make laws, the power;
war and peace, the power to execute the laws. Legislative
power, the most important, "is that which has a right to direct
how the force of the commonwealth shall be employed for preserving the community and the members of it." 10 The power of war
and peace, otherwise termed "federative," is the power to deal
with other states or with persons outside the community. The executive power, inclusive of the judiciary, is the power that sees to
the execution of the laws that remain in force. Locke notes that
the federative and executive powers, though in themselves distinct,
are almost always lodged in the same persons. As to the legislative
power, he insists that, in a well-ordered commonwealth, this should
be separate from the others and entrusted to different persons: if
the same persons have the authority to make and to execute laws,
there is danger that they exempt themselves from obedience to
their own enactments, and suit the law, both in its framing and
its execution, to their selfish advantage. Locke adds that there is
no need for the legislative power to be always in session, since
there is not always business to transact. Lawmaking, he says, takes
of
little
time.
8 Ibid., 149.
*lbid., 171.
io Ibid., 143.
\\
Locke XVII.
[243
DESPOTIC POWER
Despotic power
"an absolute, arbitrary power one man has
life whenever he pleases, and this
is
over another, to take away his
is
power which
distinction
vey."
comes
neither nature gives, for
man and
between one
Despotic power
into being
tyrannical power;
is
when one
to achieve unjust ends, or
it
has
made no such
another, nor compact can conit
is
usurpation.
It
(the legislator or the prince) uses force
makes
No
ends, tyranny begins."
12
right to disregard the
bounds of
his will the law.
"Wherever law
one, petty officer or king, has the
authority. Should this happen,
should the legislative or the executive power, either of them, act
contrary to
trust,
its
left
men
against force
resume
the people are freed from obedience.
common
to the
"are
refuge which
and violence."
13
their original liberty. In the
become masters
of their fate.
God
Power
name
returns to them.
all
They
of natural law they again
They may even
resort to force to de-
new government
that
provide safety and security. Thus rebellion, insurrection,
civil
fend their natural rights and to establish a
will
They
hath provided for
war are
tectors
justified against those who were to have been the proand guardians of law and peace but proved instead in-
vaders, thieves, ravagers.
Locke is usually calm and dispassionate in making his points.
But on this particular question his voice becomes vibrant, metallic,
tense. He is under the stress of a powerful emotion that does not,
however, impair the force of his arguments but rather makes them
burst forth, bulletlike, straight to the target. Here Locke answers
those who object to his doctrine as a threat to the peace of the
world:
They may
as well say
or pirates, because this
that honest
may
mischief comes in such cases,
defends his
own
right,
men may
not oppose robbers
occasion disorder or bloodshed. If any
it
is
not to be charged upon him
who
but on him that invades his neighbor's. If the
man must
quietly quit all he has for peace sake to him
hands upon it, I desire it may be considered what
a kind of peace there will be in the world which consists only in vio-
innocent honest
who
will lay violent
11 Ibid., 172.
12 Ibid., 202.
is Ibid., 222.
V. Modern Times
244]
lence and rapine, and which
of robbers and oppressors.
is
Who
to be maintained only for the benefit
would not think
betwixt the mighty and the mean,
when
it
an admirable peace
the lamb, without resistance,
yielded his throat to be torn by the imperious wolf? Polyphemus' den
gives us a perfect pattern of such a peace. 14
LOCKE'S INCONSISTENCY
When one
recovers from this dramatic passage and coolly
peruses the second treatise, Locke's concern for the containment
of state
power appears
in a
more sober
denying his honest passion for life
the
same
level as life,
possessions, which
which
is
is
and
perspective.
liberty;
an absolute
There
is
no
but he places on
right, the right to one's
not so perfectly constituted and absolute.
One always has a right to life versus the state. Not even the safety
of the state may be bought directly at the price of an innocent person's
life.
But the natural
right to private
ownership must be sub-
ordinated to no small extent to the public interest.
much more than
The
the duty to protect private possessions
state
has
accumu-
by some of its members. It has the
and the duty to inquire into the manner of their accumulaIt has further the right and the duty to see to an equitable
lated in the state of nature
right
tion.
and proportionate
cial justice, of
distribution, according to the principles of so-
national and private wealth.
This Locke denies, despite certain texts to the contrary, for he
is
not always consistent. His natural
men
enter political society
divided into two classes: the wealthy and the poor. His state
easily degenerate into
may
an instrument of exploitation. For, in his
on the protection of the natural right of property on the
one hand and his defense of "free enterprise" significantly coupled
insistence
with a plea to stop "competitors with us for the sea" on the other
hand, he creates a commonwealth for the perpetuation of a condition favoring only a minority (in Locke's England, the prop-
Whigs). One may even honestly doubt
whether in Locke's commonwealth there is a place, say, for the
ertied aristocracy of the
members
of the laboring class: whether they are or will ever be
full citizens
or have a right to be. Thus Locke saps the very es-
sence of both state and political power, which, in the true view,
14 Ibid., 228; see entire chapter XIX, "Of the Dissolution of Government," 211-243.
Locke XVII.
[245
not for the
exist only for the welfare of all,
few. It
commonly
is
selfish benefit of the
aim
said that Locke's primary
ciliation of the citizen's liberty
is
the recon-
with the political order, that he
championed the independence of the individual. But while his
defense of man's life and liberty against the encroachments of
the state is commendable, one must take exception to his refusal
to allow the state to make man's economic activities consonant
with the collective good. The state, as the promoter of the common good, cannot relinquish its function (of regulating economic
to private enterprise and,
activities)
still less,
to the free play of
economic forces. Class warfare would be the inevitable result and
man's fundamental rights would lay hopelessly open to abuse and
violation.
Perhaps Locke did not realize the ambiguity of the moral and
social implications of several of his postulates.
to
see
premises:
inherent
contradiction
the
men have
(1)
two of
in
Perhaps he failed
his fundamental
equal natural rights; (2)
men have an
equal natural right to unlimited and unchallenged proprietorship.
But the ambiguity and the contradiction are
make Locke's
extent they
political
there.
To no
small
system confused and inadequate.
SELECTED BIBLIOGRAPHY
*
Locke,
The Second
J.
Treatise of
Government.
New
York: Liberal
Arts Press, 1952.
*
.
Letter Concerning Toleration.
New
York: Liberal Arts
Press, 1950.
*
.
Two
Treatises of
Government and Supplement.
New
York: Hafner, 1956.
Aaron, R.
I.
John Locke. London and
sity Press,
Gough,
J.
New
York: Oxford Univer-
1955.
W. John
Locke's Political Philosophy. Oxford: Clarendon
Press, 1950.
Hartnett, R. "Locke: Of Civil Government," The Great Books.
Ed. by H. Gardiner. New York: Devin- Adair, 1949, Vol. I, pp.
78-84.
Kendall, W. John Locke and
Urbana: University of
the
Doctrine of Majority Rule.
1941.
Illinois Press,
chapter xviii
Montesquieu
LIFE
CHARLES
LOUIS DE SECONDAT, Baron
de Montesquieu, was born
Bordeaux, on January 18, 1689.
at the castle of
From 1700
to
La Brede et
La Brede, near
de
1711 he attended
the Oratorian school at Juilly and afterward, following family
1714 he entered the judicial career and
was appointed counselor at the parliament (high judicial court)
of Bordeaux. In 1716, upon the death of his uncle, the Baron de
Montesquieu, he inherited his title, his rich estate, and the office
of president (head-judge) of the Bordeaux parliament. Thereafter the young La Brede was known as Baron de Montesquieu.
That same year his wife, Jeanne de Lartigue, a Calvinist whom
he had married in the Catholic rite in 1715, presented him with a
son. In Bordeaux, Montesquieu became a member of the local
Academy, to which he contributed several papers on philosophical
and scientific topics.
In 1721 he published anonymously Les Lettres persanes, a
pungent satire of the frivolous French society of his day. The
book, which immediately became a best seller, contains the letters
exchanged between two Persians traveling abroad and their
tradition, studied law. In
friends in Asia.
The
travelers report their impressions of the cus-
toms, the people, and the political and religious institutions of
Montesquieu XVIII.
[247
Europe and are kept informed of the happenings
at
home. Many
Regency *
of these letters acquaint the reader with the spirit of the
its air
of elegant corruption,
oblique smile,
its
quest for
its
cold and refined impudicity,
titillating
scandals.
its
Les Lettres persanes
man, one would say at times, a man of great
and subtlety but cynical and almost passionless. And
the philosoyet, in this work, another Montesquieu is discovered
pher, the sociologist, the earnest student of politics concerned
with the idea of justice and liberty, the origin of societies, the dynamics of the various forms of government. 2
It soon became known that Montesquieu was the author of
this strange work. His literary fame assured, he sold his office in
the parliament of Bordeaux and moved to Paris, where he continued his social and literary studies and published several other
books. In January 1728, he made a solemn entrance into the
French Academy and then started a long journey through Europe.
In May of that year he was in Vienna, in August in Venice, in
September at Rome. During his four months in Rome he met the
Protestant pastor Jacob Vernet, who later assisted him in the publication of L' Esprit des lois. In the fall of 1729, Montesquieu was
in England for an eighteen-month sojourn. He was shown the utmost respect and felt in turn much admiration for the English way
of life and political institutions. Undoubtedly his stay in England
had a great deal of influence on the development of his political
is
book
the
of an old
intelligence
thought.
In 1731 Montesquieu returned to
La
Brede. In the quiet of
he wrote Considerations on the Greatness and
Decline of Rome, an important essay on the philosophy of history
that, though not equal to, compares well with Bossuet's and Vico's
works on the subject. This book, divided into twenty-three chapters
and published anonymously in Amsterdam in 1734, treats the hishis country retreat
tory of
pire.
Rome from
The Romans
its
beginning to the end of the Western
Em-
attained unsurpassable greatness with their love
1 Upon his death in
1715, Louis XTV was succeeded by his great grandson Louis XV, a boy of five. During the minority of the young king,
France was governed by a regent, Philip II, Duke of Orleans (1674-1723),
and by
Dubois, future archbishop of Cambrai and
Regency (1715-1723) mark one of the most cor-
his all-powerful minister
cardinal.
The years of
the
rupt periods in French history.
2 See Letters 94, 102, 103, 131.
V. Modern Times
248]
for liberty, discipline,
and work;
tion; their dedication to the
destiny of
Rome;
their perfect military organiza-
common
good; their confidence in the
their sense of justice; their respect for the cus-
toms and institutions of the peoples they defeated and conquered.
Their decadence was due, on the other hand, to the over-extension
of state boundaries, wars in foreign lands and at home, the proscriptions of Sulla, the division of the Empire.
After completing this work, Montesquieu devoted himself to
what was to be his masterpiece. Its first ten books had already
been prepared between 1724 and 1728. In June 1747,
Esprit
des his was finished. It appeared in Geneva, in two volumes, in
November 1748, without the name of the author. But everyone
knew who he was.
During the last years of his life, Montesquieu suffered from
cataracts and almost completely lost his sight. Toward the end
of 1754 he went to Paris. He died there, probably of pneumonia,
on February 10, 1755, after having received the last rites of the
Church. Before administering them, the priest addressed him:
"See, Sir,
"Yes, and
how great God is" to which Montesquieu answered:
how small men are." He was buried in the church of
St. Sulpice,
but his body disappeared during the revolutionary agi-
tations of 1793.
l'esprit des LOIS
The
full title
of Montesquieu's major work, as
the original editions, capsules
the Spirit of the Laws, that
to the constitution of
its
is,
it
appears in
general idea and purpose:
"About
the relation that the laws must have
each government, to customs, to climate, to
commerce, etc." A Latin phrase proudly follows the
title: Prolem Sine Matre Creatam (A Child Created Without a
Mother). Thus Montesquieu, who had worked on the book for
actually twenty years but, as he said, virtually all his life, made it
clear that he alone was the first to treat so vast a subject.
The thirty-one books of L'Esprit des lois can be divided into
two sections (Books 1 to 20, and Books 21 to 31) or, following
some old editions, into six parts. Part One, comprising the first
eight Books, presents Montesquieu's theory of governments
the
fundamental notion, so long and painstakingly sought, so jubilantly
discovered, of the nature and the principle of each system of govreligion, to
Montesquieu XVIII.
[249
ernment and the relation of these
to the laws. Part
Two, Books 9
to 13, explains the theory of political liberty guaranteed
tribution of powers.
Laws
by a
dis-
are here considered in their relation to
and liberty of the state, as well as to the ways
and means of government, such as public taxes and revenues.
Part Three, Books 14 to 19, deals with the physical and moral
causes of laws. "These must conform to geographical factors (the
configuration of the land, its climate, its size) and to the mentality
or general spirit of the respective peoples and nations. Part Four,
Books 20 to 23, shows the connection between laws and economic
matters. Part Five, Books 24 to 26, is concerned with laws in their
relation to religion and other specific domains. The last part,
Books 27 to 31, a sort of appendix, concentrates on several historical and legal questions (Roman laws of succession, origin of
French laws, Frankish feudal laws and their relation to monarchy)
the defense, safety,
and advises how laws ought to be made and applied.
There are four essential points to Montesquieu's political doctrine: the
theory of the laws in general, the theory of governments,
the theory of political liberty based
and the theory of the "general
on the separation of powers,
spirit."
THE THEORY OF LAWS
"Laws, in
most general signification, are the necessary
from the nature of the things." 3 They are universal, and therefore uniform even in their diversity, and constant
even in their changes. There are various kinds of laws. The fundatheir
relations arising
mental are the laws of nature, the laws that "derive their force entirely
and are received by man
They result from man's awareweakness. Montesquieu mentions among them religion,
from our frame and existence"
before the establishment of society.
ness of his
self-preservation, peace,
and
sociability. It is interesting to
note
Montesquieu's admission of the existence of laws prior to the issuance of positive laws. "We must acknowledge relations of justice
antecedent to the positive law."
As soon
3
as
man
enters into a state of society, he loses his
The
Spirit of the Laws, I, 1. Selections from The Spirit of the Laws
from the translation of Thomas Nugent (revised by J. V. Prichard), published by George Bell and Sons (London, 1878).
are taken
4 Ibid., I, 2.
5 ibid.,
1.
V. Modern Times
250]
sense of weakness; equality ceases, and at least potentially a state
of
war begins
a state of
war between
nations, a state of
war be-
tween individuals. This gives rise to human laws, man-made laws,
classed by Montesquieu as the law of nations (relating to the mutual intercourse of nations both in peace and war), political or
constitutional law (concerned with governors and governed, defining their mutual rights and duties), and civil law (determining
between the individual members of society).
In his general treatment of law, Montesquieu, despite his
beautiful phrasing, is more brilliant than deep. He seems not to
relations
ground of pure philosophy.
relish the
He
draws the impressive
lines of a vestibule, the stately pillars of a portico,
but then rushes
ahead.
He
human
reason, while political and civil laws are applications and
says however, clearly enough, that law in general
is
adaptations of human reason in particular cases. These applications
and adaptations are necessarily variable, for positive laws must
conform to different situations and conditions; so much so that
"it should be a great chance if the laws of one nation suit another." 6 But even in their various adjustments, the laws are uniform and constant if only in the sense that they always take into
consideration certain basic factors. Such factors are the nature and
principle of each government; the climate of each country,
cation and size, the quality of
its soil;
its
lo-
the religion and occupation
of the citizens; the degree of liberty of which they are capable;
their wealth
and commerce, as well
and customs,
in a
as their traditions, manners,
word, their mentality or characteristic
addition, positive laws
must be so
interrelated as to
spirit.
In
form a co-
ordinated and well-balanced legal system. These various necessary
which Montesquieu examines
what he terms "the spirit of laws."
relations,
tute
in detail, together consti-
THE THEORY OF GOVERNMENTS
Of
all
of things,
structure
proud of
"Many
the relations that positive laws must bear to the nature
no other is more important than that deriving from the
and principle of each government. Montesquieu is very
this
discovery that he claims exclusively as his own.
times I have started, and
Ibid., 3.
many
times I have abandoned
Montesquieu XVIII.
[251
my
work; but when I discovered
seeking came to me." The laws, he
principles as
from
my
was
from these
principles, all that I
states further, flow
their source.
His theory of the systems of governments has three parts.
First,
he distinguishes the forms of government; second, he explains the
nature of each form and inquires into the laws that directly con-
form
to this nature; third,
he investigates the central principle or
motivating spring of each form and shows which laws relate to
that principle.
Abandoning the
traditional classification,
Montesquieu divides
the government system into three major types: republican,
mon-
and despotic. Republican government he subdivides into
democracy and aristocracy. In every government one must carefully distinguish the nature and the principle. "There is this difference between the nature and principle of government, that the
former is that by which it is constituted, the latter that by which
it is made to act. One is its particular structure, and the other the
human passions which set it in motion." 7
The nature of each government is made clear by its definition.
Thus
archical,
a republican government
is
that
in
which the body (democracy)
or only the part (aristocracy) of the people,
is
possessed of the su-
preme power; monarchy, that in which a single person governs by
fixed and established laws; a despotic government, that in which a
single person directs everything by his own will and caprice. 8
In the democratic government, since the people are in some
respects the sovereigns
and manifest
their will
through their suf-
fundamental laws establish the right of suffrage: how,
by whom, and when it is to be exercised. Such laws also determine
frages, the
and those to be entrusted to
by them.
There are things the people are unable to do or to manage. This
inability may concern the very thing to be performed or administered, or the manner in which it is to be done or conducted.
the functions to be left to the people
their representatives, the magistrates or ministers elected
The public
business must be carried
on with a
certain motion,
neither too quick nor too slow. But the motion of the people
ways
either too
7 Ibid., Ill, 1.
is
al-
remiss or too violent. Sometimes with a hundred
s ibid.,
n,
1.
V. Modern Times
252]
thousand arms they overturn all before them; and sometimes with a
hundred thousand feet they creep like insects. 9
At
the
same time Montesquieu
choose those upon
whom
believes in the people's ability to
the direction of the public business
is
to devolve.
They can
when
tell
a person has fought
crowned with success; they
eral.
They can
satisfaction
when
tell
many
battles,
and been
are, therefore, capable of electing
a judge
is
assiduous in his
office, gives
and has never been charged with bribery;
a gengeneral
this is sufficient
for choosing a praetor. 10
Likewise,
fundamental to democratic republics that the peopower to enact laws. However, Montesquieu
it is
ple have the sole
maintains that the assemblies or senate should be allowed to issue
decrees binding until they
ratification
become permanent laws through proper
by the people.
In the aristocratic republic, where supreme power
is
lodged
in the hands of a certain group of citizens, the fundamental laws
establish the
these are
number
many
(the
of persons forming the governing class. If
more
the better), there
empowered
viding for a senate or council
body of nobles
the entire body
must be a law pro-
to act
when
the entire
incapable of a decision or, at least, to prepare
is
for a decision.
To
prevent abuses the senate should
of the legislators
its own members, and the term
and magistrates must be of short duration. Most
important of
in every kind of aristocratic republic, aristocratic
not be granted the right to choose
all,
families should tone
down
rather than emphasize any class dis-
tinction to level themselves, as
"The more an
approaches
its
much
aristocracy borders
perfection."
and
civil,
it
In a monarchy, where the prince
political
as possible, with the people.
on democracy, the nearer
is
the source of
the essential laws establish
all
power,
and regulate the
in-
termediate channels of the supreme power: the nobility, the clergy,
the municipal corporations. Their well-defined prerogatives and
functions will act as barriers to an overflow of the monarch's au-
They prevent the prince from becoming arbitrary and
Not satisfied with these intermediate powers, Montesquieu requests a distinct, strong judiciary body, constituted by
thority.
whimsical.
*lbid., 2.
uibid.,
3.
10 ibid,
Montesquieu XVIII.
[253
the judges of the supreme court of justice, responsible for the
promulgation, custody, and defense of the laws of the land.
In a despotic form of government, where one alone rules unrestrained, according to his caprice, the
fundamental law
is
that
power be committed to a single person. If the power were committed to many, there would be intrigues and jealousies and the despot would have to take things
again into his own hands. Only when he entrusts the cares of government to one alone is the despot (a lazy, voluptuous, and ignorant ruler) able to give himself undisturbed to his most brutal pasthe execution of the despot's
sions
and capricious extravagances.
As
to the principles of governments, probity
By
of a democratic republic.
virtue, a universal sense of
is
the lifeblood
is
means civic
whereby each citizen
probity Montesquieu
moral
rectitude,
so devoted to the state as to sacrifice to the
common
interest his
his tendencies to undisciplined behavior, his
selfish inclinations,
personal ambitions and cupidity. Without probity a democracy
is
democracy is popular government, government by the
greatest number; and if corruption, selfishness, avarice, love of
opulence and luxury (all things contrary to probity) are rife, the
state is certainly lost. As a consequence, the laws of a democracy
doomed,
for
should foster virtue, that
is,
frugality, austerity of life, equality in
wealth, public morality, and forbid not only vice but even the
semblance of
The
vice.
central principle of aristocratic
or restraint in those
government
who command. Only
ity re-established that
in this
is
way
moderation
is
the equal-
the constitution has necessarily removed.
Accordingly, the laws must aim to prevent or repress
and
all
gross in-
There should be no discrimination for marriage; taxes should be levied according to
wealth, while wages and salaries should be proportioned to need.
The central principle of monarchy is honor or ambition the
aspiration to social preferments, the desire for recognition and reward, the gratification of self-love by the bestowal of a title, a
dignity, a rank. In such a government, clearly reminiscent of
French life under Louis XIV, all eyes are fixed on the king, the
equalities
between
rulers
subjects.
generous dispenser of favors. The shallow and fragile foundation
assigned to
monarchy
requires laws defining the social standing
of the various classes, skillfully scaling their privileges
exactly doling out their measure of glory
and applause.
and honors,
V. Modern Times
254]
The
government
central principle of despotic
man
such a system
is
a creature
who
is
fear.
Under
submits blindly to the abso-
"Man's portion here, like that of beasts,
and punishment." 12 Consequently, the
laws directed by fear to breed fear are few; and they are all uniform, repressive laws. Their aim is to break even the desire to
contradict so as to produce instant and passive obedience. When
you instruct a beast, says Montesquieu (with an understanding of
despotism that his hatred for it renders amazingly clear), you take
good care not to change the master, the lessons, the method; you
beat his brains by two or three motions, and no more.
lute will of the sovereign.
is
compliance,
instinct,
THE THEORY OF POLITICAL LIBERTY
In a celebrated discussion, Montesquieu treats of those laws
that establish political liberty as
Briefly, this
is
how he
relates to
it
the constitution.
states his theory: political liberty
does not
freedom but in the right to do what the laws
permit. "If a citizen could do what they forbid he would be no
longer possessed of liberty, because all his fellow-citizens would
have the same power." 13 Such liberty is found only in moderate
governments, that is, in governments where the power is restricted,
subject to limitations; and, even in these, only when there is no
consist in unlimited
abuse of power. Since experience teaches that every
with power
is
apt to abuse
corruption. This
is
it,
way must be found
the way: let
man
invested
to prevent this
power be a check
to
power. In-
and concentrated power, there should be a
stead of a single
tain distribution of separate powers, each acting as a
cer-
check and
balance on the other. These separate powers are the legislative, the
executive, the judiciary. In virtue of the
first,
laws are enacted; in
virtue of the second, all legislative enactments are executed
and
enforced; in virtue of the third, crimes are punished and the dis-
putes between individuals judged and settled. "There would be an
end
to everything,
were the same
man
or the same body, whether
of the nobles or of the people, to exercise those three powers."
Having
stated the theory that
classification
first
introduced the
of powers, Montesquieu shows
it
at
14
now common
work
in the
English constitution. In England the government runs well because
V Ibid.,
Ill, 10.
14 Ibid., 6.
Ibid.,
XL
3.
Montesquieu XVIII.
of the interplay of
its
[255
elements
magistrates, the nobility, the king.
all
the people
None
and
their elected
of these organs possesses
the power; each possesses certain definite limited power;
all
are
interrelated and interlocked, mutually checking, mutually balancing and, by the necessary movement of things, forced to avoid
deadlock and to join in a concerted motion.
It is
true that even in
the middle of the eighteenth century the British constitution
was
from working in the manner described and praised by Montesquieu; but he well expressed its spirit. It may be added that Montesquieu's ideal of political liberty, both as to spirit and actual
workings, was later fully realized in the American constitutional
far
system.
THE NOTION OF THE GENERAL SPIRIT
moral element that the laws must
never forget or disregard. This moral element, a product of the
morals, manners, customs, standards of each people, a mixture of
virtues and vices proper to each nation, Montesquieu calls "the
general spirit." So strong is this dominant character or mentality
that in certain domains it is more powerful than law. Therefore,
the legislator must be extremely circumspect lest he attempt,
There
is
in every nation a
through legislation, to change the general
laws
may be
mand, never
spirit of
a country.
New
used to change or reform what previous laws comto
change or reform what custom or immemorial
if deemed necessary, shall be done by
and strengthening of new customs and
usage has sanctioned. This,
the gradual" introduction
standards.
AN APPRAISAL
It is
not easy to understand and appraise Montesquieu's
cal philosophy.
He
covers so
much
avenues and lanes, he probes into so
that those
who
try to follow
him
ground, he walks so
many
politi-
many
ideas and institutions
find themselves, not infrequently,
and bewildered. A man of prodigious intelligence and vast
erudition, Montesquieu often forgets that what he has grasped re-
lost
He once compared himan antique-dealer who left his country, arrived in Egypt,
looked at the pyramids, and rushed back home. Undoubtedly,
quires further explanation for his listeners.
self to
V. Modern Times
256]
even a quick journey could teach
much
to
Montesquieu, but
it is
a pity that in reporting his impressions and findings he moves at
own
his
breathless pace. It
becomes
times fully to un-
difficult at
derstand or to reconcile certain of his points.
spirit and to a
Montesquieu is a realist, free of prejudice and dogma. Experience, and not a prefabricated system, is his guide. He draws freely on examples from history, ancient and modern; he invariably tests his principles against
the facts of the social and political environment. He does not say:
In his theories of the laws and the general
limited extent in the theory of governments,
this is the best law, this is the best
thing relative, contingent
government.
upon general
moral, in this or that particular country.
special attention to
what custom and
Indeed, his principle of legitimacy
is
He makes
every-
conditions, physical
He
and
pays constant and
tradition
have sanctioned.
based on the
test of reality
and the primacy of experience.
Yet history, which he knew so well, does not bridle his excessive optimism. Montesquieu trusts human nature too much, he
has too much confidence in man's reason. Perhaps he was preoccupied with refuting Hobbes' pessimistic belief in man's antisocial and beastly instincts. But Montesquieu goes to the other extreme: he makes natural man entirely too meek, timid, and peace
loving; he blames society for the introduction of inequality and
war. 15 It is true that man is not so bad as Hobbes would have us
believe. It
foolish
is
equally true that his passions strongly incline
him
to
and regrettable deeds.
Montesquieu's faith in human reason led him to imply that
once the people have been given a good constitution and a proper
political organization, everyone and everything in the state will be
all right.
rational system
is
certainly vital, but
it
can work as
it
should only through the good will and cooperation of the individual citizens. This truth Montesquieu either forgets or minimizes.
Age of Enlightenment, he not only exaggerates
human reason but also considers right action the in-
true son of the
the
power
of
variable corollary of right reasoning. Experience points to quite
another conclusion, just as
the people's political
it
shows that too great a reliance on
wisdom may end
Montesquieu also has great
in delusion.
faith in himself. In his realistic
15 Borrowed and emphasized by Rousseau, this idea became one of the
fundamental principles of the latter's social and political philosophy.
Montesquieu XVIII.
[257
mood, he declares that government best which best responds to
the needs and conditions of a particular country. In his optimistic
mood, he believes that he has found the best political system and
he does not hesitate to recommend it as such for all nations and
peoples. But in discussing his theory of political liberty the realistic
Montesquieu goes full circle and becomes dogmatic, intransigent.
He
it
is
so
much
everything
is
in love with his ideal of liberty that
not as a means but as an end in
is
Once
liberty
gained. Nothing else matters, not even
used. In a free nation, he says,
citizens reason rightly or
is
itself.
wrongly;
it
it
is
he regards
is
attained,
how
reason
immaterial whether the
suffices that they reason: this
liberty.
What
political liberty is narrow
Montesquieu mistakes a very important sign and
effect of liberty (the right to do what the laws do not forbid) for
liberty itself. True liberty consists, more essentially, in the right
to make good laws; and good legislation is possible only when the
majority of the citizens know what justice is, and reason well, and
embody their sense of justice and their right reasoning in their
laws. Furthermore, does Montesquieu believe that there are personal, inviolable rights, which even the law must respect? Probably. Unfortunately, he makes no mention of them.
and
is
more, his very concept of
formalistic.
SELECTED BIBLIOGRAPHY
*
Montesquieu, C.
de.
The
Spirit of the
Laws.
New
York: Hafner,
1959.
Levin, L.
M. The
New
Political Doctrine of
Montesquieu's Esprit des
York: Columbia University Press, 1936.
Morgan, C. The Liberty of Thought and the Separation of Powers.
Oxford: Clarendon Press, 1948.
Lois.
chapter xix
Rousseau
LIFE
THE
1
T
very
beginning
of
his
Confessions,
Jean-Jacques
Rousseau described himself as
a heart at once haughty and tender, a character effeminate, yet invincible; which, fluctuating
virtue,
has ever set
me
between weakness and courage, vice and
in contradiction to myself; causing abstinence
and enjoyment, pleasure and prudence, equally
to
shun me. 1
This complex individual, "paranoiac and genius, poet and
madman,"
was born at Geneva on June 28, 1712, into a family
French origins. His mother he never knew for she died in childbirth. His father, an ill-tempered, sentimental, and irresponsible
watchmaker, fled from Geneva when Jean-Jacques was ten years
old, leaving him to his mother's relatives. Rousseau was soon
sent to a private school at Bossey, a nearby village. In 1724 he
left or was expelled from the school and apprenticed to a Genevan
notary. Dismissed almost immediately, in the spring of 1725 he
of
The Confessions of Jean-Jacques Rousseau,
(New York: Tudor,
2 J. Maritain,
p. 121.
trans,
by W. C. Mallory
1938), p. 15.
Three Reformers
(New York:
Scribner's Sons, 1955),
Rousseau XIX.
[259
went to learn the art of engraving in the workshop of a watchmaker. In 1728, tired he claimed of blows and harsh words
but more probably of discipline and obedience, he ran away and
roamed the countryside until at Annecy, in Savoy, he met the
young and pleasant Madame Louise Eleonore de Warens. 3 She
gave him shelter in her house and a place in her heart. But later,
resenting his violent temper and his fits of jealousy, she managed
to
send him to Turin, the capital of Piedmont, there to study the
Catholic faith.
He
did eventually embrace Catholicism, but with-
out any inner conviction. After his conversion, Rousseau remained
Madame de Vercellis until the famous
(when he cowardly blamed an innocent girl,
a fellow servant, for his theft) cost him his post. Some time afterward, Rousseau was back in Annecy, warmly welcomed by Madame de Warens, who installed him in her house as her lover and
encouraged him to study literature and music. But again there were
frequent and bitter quarrels and more or less prolonged absences.
Finally, in 1741, he left for good and journeyed to Paris, where
he attached himself to a Madame Dupin. Recommended by her,
he was engaged as secretary by the French ambassador to Venice.
Rousseau lasted at this about eighteen months, taking little interest in his work and intensely disliking his employer. In 1745
he returned to Paris, became acquainted with Diderot's literary
group, and took as his mistress Therese Le Vasseur, an illiterate
servant at the inn where he was staying. They had five children,
all sent anonymously to a foundling asylum.
As a means of livelihood Rousseau copied music. He also
wrote an opera, Les Muses galantes, which was privately prein
Turin as footman to a
incident of the ribbon
1749 the Academy of Dijon offered a prize for an essay
on morals. Rousseau won the contest.
His essay, proclaiming the superiority of the savage state, was
published in 1750 and made him famous overnight throughout
France. As a result he was given the post of cashier in the receiver
general's office, but he soon resigned and returned to his old trade
of copying music. In 1752 his operetta Le Devin du village was
presented at Fontainebleau. Its success brought him an invitation
sented. In
on the
effect of civilization
3 Madame de
Warens, a Calvinist converted to Catholicism, was
separated from her husband. In all probability she was a paid secret agent
in the service of the king of Piedmont. See G. Mosca, Storia delle dot-
trine politiche (Bari: Laterza, 1945), pp. 226f.
V.
260]
Modem
Times
he refused to go. That same year he sent a new
on Inequality, 4 to the Academy of Dijon.
In 1754 Rousseau was in Geneva. There he renounced Catholicism and re-accepted Protestantism. Back in Paris, in April 1756,
at the invitation of Madame d'Epinay he went to live in the famous
Hermitage near Montmorency. In its seclusion he wrote La
Nouvelle Heloise and had an affair with Madame d'Houdetot,
Madame d'Epinay's sister-in-law, a married woman who also had
another lover. Having quarreled with Diderot and Madame
d'Epinay, he moved to Mont-Louis in the winter of 1757. There
he wrote Le Contrat social (using the notes prepared while in
Venice) and Smile or De V Education, which were published in
1762. By this time his books had won him immense popularity.
They had also brought the condemnation of the parliament of
Paris. Warned by friends that he was about to be arrested, he fled
first to Switzerland and then to the principality of Neuchatel.
There, his attacks on the archbishop of Paris and the council of
Geneva soon made him unpopular. Feeling hunted, he repaired
to the court but
essay, Discourse
"
Bienne and, shortly after, at the
David Hume, to England. Rousseau arrived in London on January 13, 1766. As restless and insecure as ever, he
tired of the capital and left for Wootton in Derbyshire. The quiet
country should have afforded him peace and comfort; but before
long, true to form, he became suspicious of his English friends and
quarreled even with Hume. In May 1767, he returned to France
and lived here and there, half insane, tormented and tormenting,
never at peace with himself or anyone else. Still, he continued his
writing. He finished his Confessions (a book whose documentary
value is highly questionable) and began Les Reveries du promeneur solitaire. At the beginning of 1778 he established himself
in a cottage at Ermenonville. He died there on July 2, probably
of an apoplectic stroke.
to St. Pierre Island in the lake of
invitation of
For Rousseau the
origin
and foundation of inequality among men
is
introduction of private property robbed man of the happiness and equality he enjoyed in the state of nature. "The first man who,
having enclosed a piece of ground, bethought himself of saying This is
property.
The
mine, and found people simple enough to believe him, was the real founder
of
civil society."
This idea was later borrowed and elaborated by Babeuf
and Proudhon and,
in general,
by
all socialist
philosophers.
Rousseau XIX.
[261
POLITICAL WRITINGS
Rousseau's political thought
Inequality, in his essay
on
is
Political
contained in his Discourse on
Economy,
En-
written for the
cyclopedic, and in his Social Contract. There are further references
to politics in the fourth
Letters Written from the
book of Emile; and in the sixth of his
Mountain he summarized the arguments
of the Social Contract.
It
litical
has been customary to attribute to Rousseau two main poideas
thetic. It
and
to find
them
essentially different
has in fact been said that there
is
and even
anti-
a complete contradic-
between the idea of the Discourse on Inequality and the idea
of the Social Contract: the former is the antisocial, individualistic,
liberal idea, based on the "return to nature" and the illegitimacy
tion
of society; the latter, the social,
antiliberal,
bureaucratic idea,
which extols society and political organization while stripping man
of all rights and freedoms. How can pure liberty be reconciled with
pure tyranny? How can a system wherein man exists solely as a
person be logically bridged to a system wherein man exists solely
as a part of a social
In reality there
course,
Rousseau
whole?
no fundamental contradiction. In the Dis-
is
traces the origins of sociaL>jganization a s it-ac-
tually exists to the gradual degeneration of
man
as the result of
and the perverse tiesire of the
rich and powerfuLfew JtQ- Jceep 4he masses-in poverty and subjection.^ This explains Rousseau's emphasis on primitive man's
equality and his romantic declamations in praise of the noble
savage wandering alone, free, uninhibited, content, in his semianimalistic state, with food, an occasional female companion, and
the introduction of private property
sleep. Realizing,
however, that a
possible (and he never
Rousseau
serve the
it
in
literal
good of
Whether
all
may be
as a poetic
whereby the
so purified and re-organized as to
and restore to men
their pristine liberty
his solution of the political
The underlying
is imdream),
"return to nature"
mind except
in the Social Contract presents a system
corrupt, historical state
equality.
had
problem
is
and
the right
idea of the Discourse is that the state, as originally
nothing but an instrument of exploitation, an unjust means
of favoring a minority and keeping the have-nots in chains. The philosophy
of modern collectivism is based on this very principle.
established,
is
V. Modern Times
262]
one or not is highly debatable, to say the least. It might even be
argued, and reasonably, that his treatment of the problem has gaps
and inconsistencies. The fact remains, however, that the two underlying ideas of his entire political thought can be easily reconciled.
may be summarized
His general thesis
return to nature, that
become
is,
to virtuous
in this
and simple
way:
living;
man must
man must
and equal. In existing conditions, this is possible only in a state where the people are sovereign and through
their general will give themselves just laws and closely watch the
government they have chosen limiting, modifying, and taking
over its powers whenever they like.
again
free
THE SOCIAL PACT
In the Note prefixed to
seau states that
basis of
it is
his
Government."
Book
I of the Social
Contract, Rous-
wish "to discover a legitimate and stable
This basis
is
not force, not the natural
authority of the patriarch or of any born leader, not the natural
man. The sole legitimate foundation of the social
is its free, unanimous acceptance by all concerned. Having reached a point in history where the original state of nature 7
sociability of
obligation
The Social Contract, I, Note. Selections from The Social Contract
from the translation by G. Hopkins published by the Oxford University Press (London and New York, 1952).
6
are taken
7
According to Rousseau,
velopment.
Man
man
passed through several stages of de-
in the real state of nature
is
a nonrational animal, living
purely on instinct, incapable of sentiments of admiration and love; but, like
other animals, he has a sense of pity. In reality, as Mercier remarks, this
man
an ante-homo sapiens, an animal still devoid of
Rousseau refers when he says in his discourse On
the Origin of Inequality: "A man who thinks is a depraved animal." The
second stage is the status of rational primitive man: the stage of development of savages discovered by explorers and missionaries, the stage at which
nature intended man to stay. Man in this stage is neither good nor bad, yet
in it he is most happy: "Nothing is so gentle as man in this primitive state,
when placed by nature at equal distances from the stupidity of beasts and
the fatal lights of civic man, limited equally by instinct and reason to
guarantee himself against the evil which threatens him, restrained by natural pity from harming anyone, even after being harmed by another." The
third stage is that of civilized man
a stage that had its beginning in the
introduction of family life, the differentiation of man's work and woman's,
the establishment of community life, ambition, and love (love is an invention of women "to make dominant the sex which should obey"), and
is
"not
reason."
at all, but
It is to
him
that
Rousseau XIX.
[263
men were
could no longer endure,
central direction
how
to pool,
and
A problem ensued:
through some form of association, the whole strength
community
of the
forced to develop some sort of
to learn to act in concert.
each individual
for the protection of the person
member
and property of
and, at the same time, leave to each his
former freedom. The problem was solved by the social contract,
whereby each associated individual completely and unreservedly
surrendered to the community
all his rights.
The pact
for the person of each of the contracting parties a
lective
body composed
assembly has votes.
the community.
None
And
rights
members
of the
any claim against
we
of the social group precisely the
we have surrendered
to him, the pact results in our
to conserve
we
lose, as well as
what we already have."
obedience are assured:
member
retains
member
gaining "the exact equivalent of what
power
col-
as the constituting
through the act of association
yet, since
acquire over every other
same
many members
of as
substitutes
moral and
liberty,
Thus both
an added
liberty
because as a citizen each
is
of the sovereign, a sharer in the sovereign authority,
as such equally participates in the activities of the
obedience, because as a subject
by the sovereign, that
is,
the
body
and
now
and
politic;
he faithfully obeys the laws issued
body
politic of
Rousseau's theory of the social pact
is
which he
is
member.
better understood
when
compared with the contractual theories of Hobbes and Locke. The
three meet on common ground only when they consider the state
a voluntary contrivance, a product of man's free choice exclusively.
Rousseau's surrender
is
Hobbes', while Locke's surrender
as
is
complete and unreserved as
partial
and
limited.
But Rous-
seau differs from Hobbes and agrees with Locke in making the
surrender not to the government but to the community.
THE GENERAL WILL
Once
the pact
is
actualized each
speak, a dual personality.
member
He becomes
of the state has, so to
a constituent associate, a
For a detailed treatment of man's
evolution according to Rousseau, see L. J. A. Mercier, "Rousseau:
Discourse on Political Economy, On the Origin of Inequality" in The Great
particularly in the institution of property.
Books, ed. by H. G. Gardiner
pp. 107-121.
8
The Social Contract,
I, 6.
(New York: Devin- Adair,
1950), Vol.
II,
V. Modern Times
264]
citizen, a part of the sovereign people,
a social being.
He
is
also
a man, an individual being. In the former capacity, he has chiefly
rights; in the latter
he has
only the general interest, the
the
all
making of the general
As a
chiefly duties.
will.
common
This
is
citizen
he wants
good, and contributes to
not necessarily the will of
in a numerical, quantitative sense, but a will of a general inten-
tion, general in
a qualitative sense, a "mythical" will able to grasp
demands and
the true
fulfill
retains his natural instinct;
terests; his individual will
the true needs of
he looks
may be
all.
As
a man, he
after his personal, selfish in-
at variance
with the general
will.
Rousseau does not doubt that the general will is good and
right, for "it is impossible that the body should wish to injure all
9
its members."
The general will must therefore always take precedence and command over the individual will. This is an essential
clause of the social pact. On it all have agreed. Everyone wants
this condition fulfilled and should it happen that a subject refuses
to obey the general will "he must be constrained by the whole
body of his fellow citizens to do so; which is no more than to say
that it may be necessary to compel a man to be free," 10 that is,
it may be necessary to force him, even by coercive action, to do
what he really wanted, what he originally and in perpetuum declared to be his better will
the will of the body as a whole, the
general will free of dependence on particular persons.
So far so good. It may be conceded that "in the silence of his
passions" everyone wishes the general good. Theoretically, there
may be
a general will in Rousseau's sense. There
subconsciously, the earnest desire to find
ways be able
it.
is
in
all,
at least
But will the people aland infallibly carry
to cancel individual selfishness
the idea over into actual legislation? Is the will of the majority the
organ of the general will?
least, for
If not,
where
is
comes blind and dumb and the general
voice of a lone
there, in
one to look,
at times at
another organ? Suppose the majority of the people be-
man
will speaks
through the
or of a small minority: what guarantees are
such cases, that
it
will
win over the
selfish will of the
majority? These and similar questions occurred to Rousseau, and
he tried hard to find the right answers. But
ways satisfactory.
o Ibid., 7.
io Ibid.
his
answers are not
al-
Rousseau XIX.
[265
SOVEREIGNTY
In Rousseau's state the people, expressing through laws the
general
will,
are sovereign. Sovereignty
of the people's will.
As such
it
is,
therefore, the exercise
has four characteristics:
it
is
in-
alienable, indivisible, infallible, absolute.
1
"I maintain that sovereignty can never be alienated
the sovereign,
who
is
and that
a collective being only, can be represented
by no one but himself."
u As
soon as sovereignty is alienated to a
master, the general will is no more. There remains only an individual will bent naturally to privilege and to private interest and
not to equality and general interest. Likewise, just as soon as the
people agree to be represented by deputies, they cease to be sov-
They chain themselves, which is absurd.
"For the same reason that sovereignty is inalienable, so, too,
12
To
it is indivisible. For either the will is general or it is not."
divide sovereignty in its principle is to kill it. But even to divide it
ereign.
2.
only in
object
its
co-equal branches
to divide
is fatal.
it
into separate, independent parts or
The sovereign
authority has different
manifestations but no separable parts. Rousseau admits the delega-
must always
remain subordinate to the sovereign people.
3. "The General Will is always right and tends to the public
tion of executive functions to special agents, but these
advantage."
13
Rousseau has to admit that the people can be de-
ceived and that at times their decisions might not be right; but
in these cases,
he imperturbably adds, what the people will
is
not
"The General Will does not then come into play
This is bound to happen when the people are poorly or
the general will.
at all." 14
ill
informed, or when, instead of each citizen's voting individually,
and factional groups are formed within the body, or
partisan group becomes so large as to overpower the
others. Therefore, if the general infallible will is to be truly expressed, not only must the people be enlightened but "it is essential that there be no subsidiary groups within the State, and
that each citizen voice his own opinion and nothing but his own
intriguing
when one
opinion."
15
11 Ibid., II, 1.
13 Ibid., 3.
w Ibid.
12/6W.,
14 ibid.
2.
V. Modern Times
266]
4.
As
Rousseau discusses it
The two points of
personal individualism and democratic ab-
to the range of sovereign power,
rather confusedly in Chapter
view there expressed
solutism
seem
VI
of
Book
II.
irreconcilable. Anticipating the reader's surprise,
Rousseau brushes away the apparent contradiction by blaming
"the poverty of human language." But at one point he is clear.
After having stated that, as a result of the social compact, what
each man alienates of power, property, and liberty is only as much
as concerns the well-being of the community, he adds significantly:
"It must be admitted that the sovereign alone can determine how
much, precisely, this is." 16 Yes, there are limits to Rousseau's
sovereign power, but only those that the state deems it wise to set.
Such a sovereignty, allowed to fix its own boundaries, is nothing
short of absolute.
THE LAW
According
will. It is
to
made
municable
Rousseau, law
right,
is
the expression of the general
It is
an incom-
a right of which they cannot divest themselves.
A law worthy of the name,
people and
is
only by the whole body of citizens.
then,
is
made by
the whole
body of the
valid for all alike. Therefore, the matter of the law
must be general, that is, concerned with the subjects of a state
taken as a whole and with actions treated purely in the abstract.
"It is not the function of the legislative power to concern itself
with specific actions." 17 Should the law decide, for instance, that
there shall be privileges, "it is not its business to assign those
privileges to actual individual men and women." 18
Rousseau has deep respect for the law. For him it is invariably
right, sacred, and inviolable, like the general will of which it is the
expression. The entire body of the people is incapable of unjust
legislation, for "no man is unjust to himself." Yet, Rousseau repeats, the people do not always know where good lies. "The General Will is always right, but the judgment guiding it is not always
well informed."
19
The people must, therefore, be made to see
must be shown how to attain the good they
things as they are, they
seek, they
must be protected and guided. Suddenly, on the
level
horizon of Rousseau's democracy, a strange figure emerges.
ibid.,
is Ibid.
4.
17 ibid., 6.
19 Ibid.
It
Rousseau XIX.
[267
looms larger and larger until it stands on the platform of history,
a giant dominating the multitudes assembled below. Unexpectedly
for some, inevitably for others, Rousseau has brought forth "the
legislator," the extraordinary figure in the state, the guide of the
people, the wise, inspired individual
what
who
will ensure their happiness. True,
has not the power to
make
he
suggests and proposes
is
not the sovereign and
laws, his proposals
becoming laws only
is that out
the people. But
nowhere a deus ex machina has appeared to tell and lead the
people where they ought to go. At this point the already very short
distance between democracy and totalitarianism shrinks to the
when approved by
the disturbing fact
of
space of a sigh.
THE GOVERNMENT
According to Rousseau the general will is expressed only
an enactment of the entire body on a general matand never through decisions affecting details or concrete ap-
through law
ter
plications of principles.
for the
main
making of
The
laws, for
body politic is alone responsible
the power to legislate is and must re-
entire
exclusively the people's.
ticular acts) to the
On
the other hand, the people en-
power (the power concerned only with par-
trust the executive
government, that
is,
to a definite
group charged
with the execution of the laws and the maintenance of liberty.
Notice the special meaning that the term "government" acquires in
Rousseau. Government for him
what
is
is
solely the legitimate exercise of
usually termed the executive and the judiciary power.
intermediate power,
it
stands
midway between
An
the sovereign peo-
body politic in its active role of citizens) and the state
body politic in its passive role of subjects). The government
receives from the people as sovereign the orders which it passes
on to the people as subject. The sovereign wills, the government
acts. The latter is the practical strength at the service of the will.
The government is also a subordinate power existing, both as
to form 20 and individual incumbents, at the people's discretion.
ple (the
(the
20
For Rousseau's classification of governments (democracy, aristocmonarchy), see ibid., Ill, chaps. 3-7. The classical division is represented but with an essentially different meaning. The machinery of
government may be in the hands of the whole people (a form fit for "a nation of gods" but not suited to "mere men"). Or it may be in the hands
racy,
V. Modern Times
268]
It is
established through a law, not through a contract. There
only one contract in Rousseau's state
is
the primitive contract that
and created the sovereign. "The State exists
government depends for its being on the Sovereign." 21 "Such power as he [the prince, the ruler] has is but the
power of the community concentrated in his person." - 2 There4
fore, "those who hold the executive power in trust are not thepeople's masters but its officers; the people can appoint and remove them at will; for them it is a question not of contract but of
established society
in
and by
itself,
obedience."
23
RELIGION
The Social Contract ends with a revealing chapter on religion.
Rousseau discusses "how religious institutions may fit into the constitution of the State" and distinguishes three forms of religion:
the religion of man as man, the religion of the citizen, the religion
of the priest. The priestly religion, whether that of the lamas, or
the Japanese, or Roman Christianity, is "so obviously bad that to
demonstrate the fact, though it might be amusing, would be merely
a waste of time."
24
The religion of the citizen, the
on the law of exclusion, is
ancient city, founded
rejected, for
it is
altars,
by fanaticism,
man, "without temples,
a national religion, characterized
hatred, intolerance.
without
religion of the
likewise to be
The
without
religion of
man
rites, strictly
as
limited to the inner worship
Supreme God and to the eternal obligations of morality, is
the pure and simple religion of the Gospels." 25 It is theism in its
truest form. Through it, men, as children of the same God, regard
each other as brothers. But even this religion, good in itself, is of
of the
number of magistrates (to be periodically elected, if one wants
form of government among men). Or it may be in the hands of a
single magistrate from whom all other officials derive power (a very vigorous but extremely dangerous form because "only a Hercules can carry the
weight of the world upon his shoulders" and "bad men do mount the
throne, or perhaps it is that the throne makes them bad"). But in each and
every case it is always the people as a whole who retain the legislative
function. Government in any form is always responsible and answerable
of a small
the best
to the people.
21 Ibid., in,
23 ibid., 18.
25 Ibid.
1.
22 ibid.
24 ibid., IV, 8.
Rousseau XIX.
no help
[269
by
weans
to the state. It adds nothing to the force of the laws;
detaching the citizen from
him from the state.
Having thus eliminated
all
purely earthly concerns,
it
Rousseau
these three types of religion,
presents his civil religion, a religion that deepens man's social con-
him to the society issued from the social
which it is impossible to be a good citizen
Let the citizen believe whatever dogma he
sciousness and cements
pact, a religion without
and
faithful subject.
likes; yet, let the
sovereign
fix certain principles for this civil re-
God, the reality of a life to
and the punishment of the evildoers,
the sacredness of the social contract and of the laws. None should
be compelled to believe; but those who fail to do so may be banished from the state "not on ground of impiety, but as lacking in
social sense." Moreover, "any man who, after acknowledging these
articles of faith, proceeds to act as though he did not believe them
ligion, particularly the existence of
come, the reward of the
just
deserving of the death penalty."
is
26
On this shrill note of supreme intolerance, the
No commentary could bring home more
ends.
poignantly the
Rousseau's corporate Leviathan. The chains have not
reality of
become
Social Contract
legitimate.
They have been doubled and redoubled. The
God with a monster, the old dogma
new and terrible one: outside the state there is no salvation.
The new sovereign is more arbitrary, irresponsible, and capricious
great iconoclast has replaced
with a
than the absolute king, for
it is
multiple and anonymous. Truly, in
such conditions of unmitigated slavery,
men
are left
no
alternative
but to accept the advice given by Rousseau on another occasion:
let
them throw themselves
to the
ground and lament the
fact that
they are men.
SELECTED BIBLIOGRAPHY
*
Rousseau,
W.
J.-J.
The Social Contract. Trans, with an Introduction by
Gateway Books, 1954.
Kendall. Chicago:
Cassirer, E. The Question of Jean-Jacques Rousseau.
Columbia University Press, 1954.
lbid.
New
York:
V. Modern Times
270]
Cobban, A. Rousseau and the Modern State. London: G. Allen and
Unwin, 1934.
Chapman, J. W. Rousseau Totalitarian or Liberal? New York:
Columbia University Press, 1956.
Green, F. C. Jean-Jacques Rousseau: A Critical Study of His Life
and Writings. Cambridge: The University Press, 1955.
Maritain, J. Three Reformers: Luther
York: Scribner's, 1955.
DescartesRousseau. New
chapter xx
Burke
LIFE
EDMUND BURKE was born in Dublin on January
He and
his brothers
12, 1729,
an attorney, and a Catholic mother.
to a Protestant father,
were brought up in the Protestant religion
while his sister followed her mother's faith.
In 1741 he was sent to school at Ballitore in Kildare County,
and in 1743 entered Trinity College in Dublin. Burke, however,
resented Trinity's rigid methods and discipline and received his
degree in 1748 without any particular academic distinction. In
1750 he went to London and for ten years he lived in obscurity,
consorting with
Bohemian
the debating societies of
ing
on various
a satire
subjects.
(A Vindication
literary groups, practicing oratory in
Covent Garden, trying
Two
his
hand
at writ-
of his books, published in 1756,
one
on
of Natural Society), the other an essay
aesthetic thought (Philosophical Inquiry into the Origin of
Our
Ideas of the Sublime and Beautiful), attracted some attention
both in England and abroad.
The year 1761 marked Burke's entrance
into public
life.
He
attached himself to Sir William Gerard Hamilton, a rather shallow,
and despicable individual, and followed him to Ireland when
Hamilton was named secretary to the Lord Lieutenant there.
English mismanagement in Ireland disgusted Burke and stirred
vain,
V. Modern Times
272]
him
to a
warm,
lasting interest in the affairs
and defense of the
After two years he returned to
Irish people.
London with
Sir
Hamilton. In 1765 they quarreled and parted company. That same
year the Marquis of Rockingham, leader of the Old Whigs, be-
came George
tary.
the
Ill's
fourth prime minister and took Burke as secre-
In 1766 Burke obtained, through his
House
of
new
patron, a seat in
Commons.
There were
at the time
two burning
issues in English political
the king's attempt to raze the system established
life:
by the
Revolution of 1688 and concentrate national power in his
hands, and the North American
crisis
breaking point. Since his accession to
III
had frequently and
arbitrarily
changed prime ministers, look-
ing not for skilled public servants but for
and answerable
to him, ready
and
own
moving toward the
the throne in 1760, George
rapidly
men
completely bound
willing to carry out his plans to
re-establish direct personal rule. William Pitt
was dismissed
in
1761, the Earl of Bute in 1763, George Grenville in 1765. Gren-
Stamp Act, 1 which
greatly embittered already strained relations between the American colonists and England. Such was the situation when Burke
entered the House of Commons, where he immediately took a
firm stand against both the king's policies and the official handling of the American question.
Under the short-lived Rockingham administration, the Stamp
Act was repealed and the tension somewhat eased. But in 1767
the new government, headed by the Duke of Grafton, imposed
duties through the Townshend Acts on several colonial importations (lead, glass, paint, paper, tea) and rekindled the rebellious
spirit of the colonists. He was dismissed and replaced by Lord
North. The king had finally found his man. He kept him in office
for twelve catastrophic years. Lord North first tried a policy of
appeasement. He repealed the Townshend Acts but his insistence
on parliament's right to tax the colonies met their violent disapproval and was one of the main causes of the Boston "tea party"
(1773), which in turn provoked British retaliatory measures. This
course of events was opposed step by step by Burke. He spoke in
ville,
a Whig,
had been responsible
for the
1 The Stamp Act required
that a stamp be affixed to all legal documents, books, newspapers, college diplomas, bills of lading, and letters of
credit issued in the
American
colonies.
Burke XX.
[273
favor of the colonists, pleading in parliament for a policy of
moderation and conciliation and, when war began, for peace.
Another nation, Ireland, was clamoring for the restoration of
economic and religious rights. The Irish economy had been all but suffocated by the selfish exigencies of the
certain long-denied
British mercantile interests.
Likewise, the vast majority of the
were barred from
deep and far, subjected them to harsh measures and stiff penalties. Burke never
stopped campaigning, in the name of natural law and reason, for
Irish people,
by reason of
their Catholic faith,
political life while iniquitous laws, reaching
legislation capable of bringing Catholic Ireland relief in all spheres.
True to the same liberal principles, Burke sided against
Warren Hastings, governor general of India. Accused of corruption, extortion, brutality, and deception, Hastings was brought
before the court of the House of Lords (1788) and acquitted
(1795), but Burke's thundering philippics, if they did not completely
prove his case,
still
speak eloquently for his exacting
standards of political morality.
When the French Revolution broke out in 1789, many, in
England and abroad, turned their eyes to Burke. The champion of
freedom versus absolutism, the fighter for the rights of the oppressed, the orator indignant against oligarchic interests, would
surely hail the revolutionaries across the Channel. But Burke was
silent. He was watching the French fury, raised against the throne
and the altar, with increasing alarm. Finally, when news reached
him that the royal palace at Versailles had been invaded by the
Parisian mob and the Queen threatened, 2 he became convinced of
the folly of the French reformers. A sort of holy anger seized him
and he lashed out at them in condemnation and warning. In
November 1790, his famous Reflections on the Revolution in
France appeared. Returning to the argument in 1791, he wrote
Thoughts on French Affairs. Shortly before he had released
2
The
Reflections
tragic events of
on
October
6,
1789, are described by Burke in
the Revolution in France.
6th ed. [Boston: Little
{The Works of
Brown and Company,
1880],
Edmund
Volume
III, p.
Burke,
325.)
There he also draws a romantic portrait of Marie Antoinette as seen on a
visit to France some sixteen years before: "I saw her just above the
horizon, decorating and cheering the elevated sphere she just began to
move
in
glittering like
joy." (lb id., p. 331.)
the morning-star, full of
life
and splendor and
V. Modern Times
274]
Appeal from the New to the Old Whigs, contrasting the spirit
and methods of the revolutions of 1688 and 1789.
His position on the French Revolution was frowned upon by
the men of his party, particularly its leader, Charles James Fox.
They resented Burke's censure of the French happenings and doc-
An
trines,
of
and
May
in
1791, in a highly dramatic episode in the House
Commons, Burke
publicly renounced Fox's friendship.
breach led to Burke's expulsion from the
Whig
This
But with the
Burke's viewpoint was
passing of the years and the turn of events,
party.
vindicated. In February 1793, riding the crest of popular resent-
ment
to
French
policies, Pitt declared
war on France.
summer of 1794, thirty years after he had first entered
the House of Commons, Burke retired from parliament. His financial conditions were difficult, and King George granted him an anIn the
nual pension. His health declined steadily
he died
at his
home
in Beaconsfield.
until,
on July
9,
1797,
According to his wish, he was
buried there in his parish church.
DUAL BASIS OF BURKE'S DOCTRINE
More than
a system of political philosophy, Burke's speeches
and writings are a statesman's manual. He was impatient with
formalism. He saw no little danger in too much reasoning. He disliked definitions. According to him, these are in order in the field
of metaphysics, not in the practical science of politics, whose end
is not speculative knowledge but action. When one deals with
actual conditions and must decide upon a course of action for a
specific situation, dogmatic, universal, and abstract principles have
little to offer. In politics, experience, common sense, and prudence
are the immediate instruments of judgment and decision, and "prudence is cautious how she defines." 3 This is not to say that Burke
was unscrupulous and unprincipled. On the contrary, he had a set
of very definite, fundamental beliefs and adhered tenaciously and
uncompromisingly to them. But his point was that in the practical
application of principles the context of time and place and persons
was paramount. A statesman must meet an infinite variety of circumstances.
ciple
3
its
It is
these that "give in reality to every political prin-
distinguishing color
Appeal from the
New
4 Reflections, p. 240.
and discriminating
to the
Old Whigs
in
effect." 4
Works, IV,
One must
p. 81.
Burke XX.
[275
never forget the principles.
One must
always act in conformity
with them. But political action, invariably a delicate operation,
while informed by them, must be guided by circumstances. While
government and freedom, for example, are in themselves good and
desirable, one cannot praise a certain type of government without
first inquiring into its nature and how it is administered. Or,
may be classed amongst the blessmankind, that I am seriously to felicitate a madman who has
escaped from the protecting restraint and wholesome darkness of his
5
cell on his restoration to the enjoyment of light and liberty?
is it
because liberty in the abstract
ings of
Hence
the dual basis of Burke's political theory and action: a
firm, unshifting respect for sound principles,
tion to varied and varying circumstances.
demned the French Revolution.
On
and a constant attenboth grounds he con-
BURKE AND THE FRENCH REVOLUTION
The Revolution
1789 had been preceded by and achieved
of
with a shouting and parading of principles seldom,
Burke considered
history before or since.
all
of
ever, seen in
if
them wrong, spur-
fallacious. The very opposite principles were the right
The Revolution was for man individual, uprooted man, in
opposition to God and man and mankind. But religion, says
and
ious,
ones.
Burke,
is
the basis of civil society, and the source of
comfort.
Man
is
by
his
all
good, and of
constitution a religious animal;
all
.
our reason, but our instincts. 6
All
persons possessing any portion of power ought to be strongly and
awfully impressed with an idea that they act in trust, and that they
are to account for their conduct in that trust to the one great Master,
Author, and Founder of society. 7
The awful Author of our being
is the Author of our place in the order of existence.
We have
atheism
is
against, not only
to
mankind at large.
They arise from the relation of
man, and the relation of man to God, which relations are not
obligations to
man
matters of choice. 8
The Revolution was
tion to collected reason
5 Ibid.,
p.
7 Ibid.,
241.
p. 354.
for abstract, individual reason in opposi-
and sentiment. Burke wanted practical wis*Ibid., pp. 350, 351.
8
Appeal, pp. 165, 166.
V. Modern Times
276]
dom
in place of the Revolution's philosophy of reason divorced
from experience. Naked reason can never be a guide to action.
Man is not a creature of sheer reason but of passion and habits,
a creature capable of veneration, love, and attachment.
too
More, because each individual's private stock of reason is scant,
"individuals would do better to avail themselves of the general
bank and capital of nations and ages." 9
The Revolution was for the "rights of man" in opposition to
man's rights and duties, both viewed and realized within the frame-
work
of historical realities.
The pretended
and
and
rights of these theorists are all extremes;
tion as they are metaphysically true, they are morally
false.
men
The
rights of
men
are in a sort of middle.
in
The
propor-
politically
rights of
government are their advantages; and these are often in
balances between differences of good, in compromises sometimes between good and evil, and sometimes between evil and evil. ... By
in
these theorists the right of the people
is
almost always sophistically
confounded with their power
the whole body of them has
but
no right inconsistent with virtue, and the first of all virtues, prudence.
Men have no right to what is not reasonable, and to what is not for
.
their benefit. 10
The Revolution claimed
that the social contract
was
solely re-
sponsible for the establishment of the state in opposition to man's
natural, inescapable inclination to society, including political society.
Burke answered that God
is
the
and Author and Protector of civil society, without which
man could not by any possibility arrive at the perfection of which his nature is capable nor even make a remote and faint
approach to it.
He who gave our nature to be perfected by our
virtue willed also the necessary means of its perfection: He willed,
Institutor
civil society
therefore, the state. 11
The Revolution stood
for individual, solitary, selfish liberty in
opposition to individual and collective freedom based on natural
and directed to the achievement of a stable and
The freedom Burke loved was not an
unconnected liberty whereby every man regulates the whole of his
conduct by his own will.
law and
justice,
well-ordered living together.
9 Reflections, p. 346.
11 Ibid., p. 361.
Ibid.,
p. 313.
Burke XX.
The
liberty I
liberty
in
is
mean
[277
social freedom. It
is
is
that state of things in
secured by the equality of restraint.
which the
which
constitution of things
no one man, and no body of men, and no
means to trespass on the liberty of any
liberty of
number of men, can
find
person, or any description of persons, in the society. This kind of
liberty
is,
ration
is
name
indeed, but another
made between
and
liberty
for justice.
justice, neither
Whenever a
is,
in
my
sepa-
opinion,
safe. 12
The Revolution was
for "Jacobin democracy," the will of the
number, in opposition to the natural aristocracy of the
great landowners and all cultured and right-thinking citizens
formed independently of numerical quantity. How the judgment of
every citizen could be assigned equal weight was beyond Burke's
greatest
comprehension.
who
Believe me, Sir, those
attempt to level never equalize. In
societies consisting of various descriptions of citizens,
some
all
descrip-
must be uppermost. 13
There is no qualification for government but virtue and wisdom, actual or presumptive. 14 I see as little of
tion
policy or utility as there
is
majority of
men
and that
such their will
as
told
of right, in laying
by the head are
is
is
a principle that a
to be law. 15
For Burke, only when the multitude
leadership of the best
down
to be considered as the people,
under the wise
and not "a disbanded race
acts together
there a people
and vagabonds." 16
the French Revolution was for the abrupt, total,
violent destruction of all previous ideas and institutions in opposition to a gradual correction of social ills and a prudent adjusting
to changing conditions, both to be achieved without breaking with
history and tradition. "You began ill because you began by despising everything that belonged to you." 17 A diseased man or
country cannot be cured with undiluted poison; but in Burke's
of deserters
Above
view, the
all,
men
of the Revolution attempted just that.
order "into which
we
The
French Revolution was therefore "a strange chaos of
12
Correspondence of
Rivington, 1844),
III, p.
Appeal,
p.
Edmund Burke (London:
106.
13 Reflections,
p. 295.
15
ancient
are born" they utterly disregarded.
174.
17 Reflections,
p. 278.
" ibid.,
p. 297.
i Ibid., p. 176.
Francis
levity
The
and
and John
V. Modern Times
278]
ferocity,
and of
of follies."
all sorts
of crimes jumbled together with
all sorts
18
For the same reason, Burke criticized the absurdity of thinking a state could be organized by simply formulating a constitution
full of abstractions and generalities. Political science cannot be reduced to brief formulas. Rather than in a written document drawn
up by some individuals at a given time and place, the true constitution of a country is found in the organs of government established
and refined through centuries as well as in the customs, traditions,
and general character of a people. This explains Burke's organic
view of the state and the nation. The state is something that grows
up over a time, "a partnership between those who are living, and
those who are dead, and those who are to be bora." 19 The nation
is "an idea of continuity." It extends in time as well as in number
and space. Therefore, to grant a living generation the right to
make
stroying the
is tantamount to decompact that binds together the dead, the living, and
the unborn.
radical changes in political institutions
small minority (in this case, the living generation)
must be denied so broad and sweeping a power of reform.
Nor is a governmental system to be judged by abstract standards but by practical considerations its way of working, its results
(does it actually achieve order, unity, peace, good will?), the
caliber and character of the men in power. On all three counts
Burke strongly decried the French Revolution. Its leaders were
:
immoderate, turbulent, impractical, presumptuous.
After
had read over the
list
of persons and descriptions elected into
the Tiers tat, nothing which they afterwards did could appear astonishing
... of any practical experience in the state not one man was
The best were only men of theory. 20
to be found.
Its
methods
mob
violence,
impious, brutal, and shameful.
demagoguery,
Its results
arbitrariness
were no
less
were
heinous and
pernicious.
They
[the
men
of the Revolution! have found their punishment in their
Laws overturned; tribunals subverted; industry without vigor;
commerce expiring; the revenue unpaid, yet the people impoverished;
success.
18 ibid., p. 244.
19 Ibid., p. 359.
20 ibid., p. 284.
Burke XX.
[279
a church pillaged, and a state not relieved; civil and military anarchy
the constitution of the kingdom; everything human and divine
made
sacrificed to the idol of public credit,
consequence.
and national bankruptcy the
21
Again, theorizing
is futile
when
there
forms or taking a course of action.
commonwealth, or renovating
it,
question of instituting re-
is
"The
science of constructing a
or reforming
it,
sists
on expediency
as the guiding light
expediency he speaks of
sidered,
is
particular
is
not opportunism but what,
all
con-
best for the community and every member of it at a
moment. The best may consist of a limited solution, a
not be the best in an absolute sense, but hie et nunc
men and human
tion of the ideal
is
may
may be the
settle. It
it
men and politics deals
and human concerns the realizaalways conditioned by inexorable limitations
only sensible thing to do. In dealing with
with
every
22
Burke inand the
the
statesman;
of
compromise, a patient waiting for the dust to
deft
like
is,
other experimental science, not to be taught a priori."
actions
and imperfections. Surtout, pas trop de
zele.
The Procrustean
bed, mass production from a single mold, the conveyor belt, these
have no place
in politics.
tion to circumstances
sense of bounds, the science of adapta-
both
of these were
unknown
to the
French
Revolution.
THE EXAMPLE OF ENGLAND
Against the character and temper of the French Revolution,
Burke upheld the system, opinions, and dispositions prevalent in
England. A famous page embodies Burke's conservative creed:
We
are not the converts of Rousseau;
Voltaire; Helvetius has
made no
we
are not the disciples of
progress amongst us. Atheists are
not our preachers; madmen are not our lawgivers. We know that we
have made no discoveries, and we think that no discoveries are to be
made, in morality; nor many in the great principles of government,
nor in the ideas of liberty. ... In England we have not yet been completely
we
embowelled of our natural
entrails:
we
still
feel within us,
and
cherish and cultivate, those inbred sentiments which are the faith-
ful guardians, the active
all liberal
monitors of our duty, the true supporters of
and manly morals.
21 Ibid., p. 282.
We
have not been drawn and trussed
22 ibid., p. 311.
in
V. Modern Times
280]
we may be
order that
filled, like
stuffed birds in a
museum, with
chaff
paper about the rights of man.
We preserve the whole of our feelings still native and entire, unsophisticated by pedantry and infidelity. We have real hearts of flesh
and blood beating in our bosoms. We fear God; we look up with awe
and
rags,
and
paltry, blurred shreds of
to kings, with affection to Parliaments, with duty to magistrates, with
reverence to priests, and with respect to nobility. 23
BURKE'S CONSERVATISM
Not a few who have
there
is
no inconsistency
studied
in the
Burke have
man who
justly pointed out that
so strongly denounced the
French Revolution but considered himself a child of the Revolution of 1688, defended the American Revolution, and supported
Irish claims for freedom of trade and religion. In all his battles
Burke persistently fought the same foes: arbitrary power and political imbecility. As already remarked, Burke was not averse to
positive and constructive change. He was against the French Revolution because it had no respect for the past, no religious sense, no
sense of history, no vision of reality. He could not justify a revolution that so violently attacked political traditions and institutions,
property, and religion, a revolution that tampered with the very
roots of national life and had for its aim not the reform of a government but the subversion of the order of Europe.
Burke deserves praise for his courageous stand against the
Jacobins' destructiveness, for his grasp of the real and sometimes
shallow meaning of their declarations, for his defense of the traditional principles of liberty, order, and justice, for injecting a note
of humility where others were extolling the superpower of reason.
It should be added, however, that Burke's antagonism to radical
him to another abstraction. He placed too much
emphasis on the consecration of the status quo, on prescription,
innovations led
on vested
He
admired the past and venerated the wisdom
and distrusting new political
ideas and ways. Here, perhaps, in his lack of faith in the future,
rights.
of antiquity to the point of fearing
lies his
inconsistency.
He had
now he minimized man's
credit that
lbid.,
exalted man's past conquests, and
conquer again. It was to Burke's
he saw in history the guiding hand of God's providence,
p. 345.
will to
Burke XX.
[281
but too often he used that hand to forestall events and changes
long overdue.
True, there was no moral justification for the
violence and cruelty of the Revolution of 1789, but neither
was
there any justification for the old, rotten, crumbling fabric based
on a
frivolous
and useless court, a privileged and
selfish nobility, a
corrupt and incompetent judiciary. Burke was touched by the
plight of a king and queen taken prisoners and sent to die, but
he did not notice the sorrow and tears of an oppressed nation.
How
different,
attitude
how much more
on the very
elastic
issues that
and wise was Tocqueville's
rigid and un-
found Burke so
compromising.
at
One could say that Burke's reaction served a healthy purpose
moment for Europe. It acted as a sobering force amid
a crucial
and the reckBut Burke's protest and condemnation should at least have been followed by an effort to understand
the causes that made the French Revolution almost inevitable and
by an attempt to make the best of it once it had occurred. Instead,
Burke merely presented to the French people the example of
England and invited them to follow the British political system.
This was, to say the least, naive and incongruous. It showed a
Burke incapable of understanding the real situation of continental
Europe, a Burke defeating his own doctrine, for the problems and
circumstances to which he wanted the statesman to pay careful
attention differed greatly in the two countries and called for
entirely different approaches and solutions.
the extravagant, inflamed passions of the reformers
lessness of their sympathizers.
SELECTED BIBLIOGRAPHY
*
Burke, E. Reflections on the Revolution in France. Introduction by
O. Piest. New York: Liberal Arts Press, 1955.
Burke's Politics: Selected Writings and Speeches of Edmund Burke.
Ed. by R. J. S. Hoffman. New York: Knopf, 1949.
Cobban, A. Edmund Burke and the Revolt Against the Eighteenth
Century. New York: Macmillan, 1929.
Cone, C. B. Burke and the Nature of Politics. The Age of the
American Revolution. Lexington, Kentucky: University of
Kentucky Press, 1957.
V. Modern Times
282]
Parkin, C. The Moral Basis of Burke's Political Thought. Cambridge: University Press, 1956.
McGann,
J.
Thought,
Moorhouse,
A. C. "The
Political
Philosophy of
Edmund
Burke,"
(1930), 474-494.
F. X.
M. "Burke and
Liberty," Thought,
XVI
the Moral Basis of Political
(1941), 79-101.
chapter xxi
Bentham
LIFE
son and grandson
THE
London, February
Bentham was born
of
well-to-do
in
the Peace of Aix-la-Chapelle terminated the
Succession.
He was
attorneys,
Jeremy
15, 1748, the year
War
of the Austrian
a precocious child, reading Latin at four and
French at six. In June 1760 he entered Queen's College at Oxford
and in 1766, when only eighteen, he obtained his master of arts
degree. But he disliked the school and, although an insatiable
student all his long life, he later labeled formal education a waste
of time.
The
uncertainty of the English legal system and the abuses so
common
in the administration of the English justice of the time
soon turned him from the practice of law as a career. Bentham
devoted himself instead to the study of the theory of law for the
purpose of providing a foundation for
scientific
jurisprudence and
legislation.
In 1776 he anonymously published his first book, Fragment
on Government, in which he strongly attacked the doctrines of a
former teacher, William Blackstone, the famed author of Commentaries on the Laws of England, a four-volume opus that appeared between 1765-1769. Bentham criticized the oracle of
English law for his undiluted eulogy of the British Constitution;
V. Modern Times
284]
endorsement of current ideas on the law of nature,
on sovereignty, on natural rights of the individual; and particularly
for his failure to propose any reform in the national legal system.
The Fragment served also to present the general lines of Bentham's
his uncritical
philosophic and political theory.
From August 1785
to
February 1788, Bentham traveled exand Turkey, and
tensively in Europe, sojourning in France, Italy,
spending about two years in Russia as the guest of his brother
who was then in the employ of Prince Potemkin. There
Samuel,
he wrote the controversial Defence of Usury, published in 1787.
Returning to England, Bentham tried to obtain a seat in parliament. Disappointed, he abandoned the idea of becoming active in
In 1789 he published Introduction to the Principles of
Morals and Legislation, a lengthy and systematic presentation of
politics.
fundamental doctrines. "Yet the Principles are not a
his
on
treatise
utilitarianism but a separately published introduction to a penal
code; and their main concern
is
again with the science of law, this
time with special reference to punishment."
That same year the French Revolution evoked more than mild
enthusiasm from Bentham and he voiced his approval of the happenings in France in several articles in the Courrier de Provence,
a revolutionary paper founded by Mirabeau. In reality,
Bentham
could not stand the abstract "rights-of-man" theory and he put
little
stock in "equality" and "democracy"; but he praised the
destruction of the corrupt ancien regime and
in dictating the laws of the
National Assembly
new
made him
France.
On
hoped to have a part
August 23, 1792, the
a French citizen (with Priestley,
Paine, Washington, and a few others).
Bentham died
in
London
at the age of eighty-four
1832, the day before the Reform Bill became law.
married.
An
on June
He had
6,
never
indefatigable worker, he left nine large volumes of
published writings and 148 boxes of unpublished manuscripts.
Ten
to
years before death he had founded the Westminster Review,
which both James and John Stuart Mill contributed frequently.
True to the rationalistic mood of the time, Bentham took a
Jeremy Bentham, A Fragment on Government and An Introduction
Morals and Legislation (Oxford: B. Blackwell, 1948),
Introduction by W. Harrison, xxxiv. The entire Introduction is worth
1
to the Principles of
reading.
Bentham XXI.
[285
dim view of religion and in some of his books he criticized
severely on several scores. For him religion was an obstacle
it
to
ground" of which he found in
the data of experience and not in dogmatic statements. It was also
his opinion that religion was a divisive factor in the community,
intellectual progress, "the only safe
setting believers against unbelievers
and vice versa, and an
ally of
the "sinister interests of the earth."
man
of varied talent
and exceptional
activity,
Bentham
exerted a pervasive influence in the fields of legal thought and
legislative reform. Directly traceable to
him were such modifica-
tions as the mitigation of penal laws, the abolition of colonial
deportation, the revocation of laws against usury, the removal of
religious disabilities against Catholics,
liamentary representative system.
Of
and the reform of the parother changes, such as the
secret ballot, sanitary regulations, international
peace through the
establishment of an international court, laws for the protection of
he was both prophet and advocate. The
words "codification" and "international law" were coined by
Bentham.
One of Bentham's pet projects, devised in collaboration with
his brother Samuel, who had returned from Russia in 1791, was
the building of the panopticon. This new-type penitentiary was to
have all convicts employed in useful works; they were, moreover,
to be constantly and simultaneously under the panoptic (all-seeing) eye of the guard. The guard was to be seated in the center of
the structure, the inmates were to be in rows of cells radiating
from the center toward the points of the star-shaped edifice. After
children and animals,
almost a quarter of a century of negotiating with the English
government for the adoption of the project, it was rejected in
1811. Thus the panopticon affair ended in bitter disappointment.
Bentham was shocked by the realization that the people in power,
as he said later, "were against reform." He had always thought
"they only wanted to know what was good in order to embrace
The ensuing rancor as well as new influences conspired to
make him (until then a Tory sympathizer and humanitarian re-
it."
former) a radical of a
and were decisive factors in his deJames Mill (1773-1836), a school
called Benthamism. Further developed by John Stuart Mill (18061873), Alexander Bain (1818-1903), Henry Sidgwick (1838sort,
veloping, with the help of
V. Modern Times
286]
"the most potent force in
(1772-1823), the school proved
English reform" 3 for more than half a
1900), and David Ricardo
century.
ETHICAL THEORY
The central principle of Bentham's philosophy is the wellknown formula: "The greatest happiness of the greatest number
the measure of right and wrong." Neither the doctrine nor its
wording was original with Bentham. He admitted having met the
phrase in Priestley's Essay on the First Principles of Government
is
and Beccaria's Dei
delitti
writing, utilitarianism
was
English contemporaries
timistic
e delle pene.*
At
the time
Bentham was
most of his
embodying the empirical, op-
in substance the theory of
a theory
outlook of the English middle classes equally dissatisfied
with the conservatism of Burke and the radicalism of Paine and
Godwin. Yet Bentham, though not the originator of the idea, was
able to bring the abstract principle pointedly to bear on numerous
aspects of practical politics and particularly on the broad field of
law. It was he who found the way to apply the principle to countless issues of immediate interest.
2
David Ricardo, the son of a Dutch Jew who had settled in England,
Economy and Taxation, published
in 1817 at the insistence of his friend James Mill. It is in this book that
Ricardo states his rigid laws of rent, value, and wages, thus outlining, unis
the author of Principles of Political
wittingly perhaps, the case for class warfare.
3
Fragment on Government
Introduction,
xii.
In this book published in 1768, Joseph Priestley (1733-1804), Unitarian minister and scientist, says that "the good and happiness of the
members, that is of the majority of the members, of any state is the great
standard by which everything relating to that state must be finally determined." In the preface of his famous essay, published in 1764, Cesare
Beccaria (1737-1794) speaks of "the greatest happiness shared by the
greatest number." A sociologist and economist, Beccaria is one of the
major exponents of the Italian rationalistic movement. A believer in
Rousseau's contractual theory of the state, he held that the demands of
social justice must be reconciled as far as possible with the respect due
each man's personality. From this, the general principle of his famous
treatise, Beccaria draws an enlightened program of penal methods. Francis
Hutcheson (1694-1746) had already stated the utilitarian principle as
early as 1725 with much the same wording in Enquiry concerning Moral
Good and Evil (III, 8): "That action is best which secures the greatest
happiness of the greatest number."
Bentham XXI.
[287
In what specifically does Bentham's theory consist?
swered
this
He
an-
question in the opening sentences of Introduction to
and
the Principles of Morals
Legislation:
Nature has placed mankind under the governance of two sovereign
masters, pain and pleasure. It is for them to point out what we ought
to do, as well as to determine what we shall do. On the one hand the
standard of right and wrong, on the other the chain of causes and
effects, are fastened to their throne. They govern us in all we say, in
all we think; every effort we make to throw off our subjection, will
The principle of utility
serve but to demonstrate and confirm it.
recognizes this subjection, and assumes it for the foundation of that
system, the object of which is to rear the fabric of felicity by the
.
hands of reason and of law. 5
Bentham
further explained the principle of utility, or
what hep
later termed the "greatest happiness of the greatest number" prin-l
"which approves or disapproves of every action what/
soever according to the tendency which it appears to have to aug>
ment or diminish the happiness of the party whose interest is ii
question: or, what is the same thing in other words, to promote
or to oppose that happiness." 6 Good, then, is that which is usefi
ciple, as that
il
to us; evil, that
which
pleasurable; that
harmful. In turn, that
harmful, which
is
Bentham
it
society,
naturally
is
is
and
first
of
is
inclined to
all
useful
which
;s
painful. In other words, for
man, taken
self-evident that
is
is
either
alone or in
do what brings him
more
him unhappiness,
More important, Bentham went on to make this
happiness, that
is,
pleasure or absence of pain, or, at least,
pleasure than pain; and to avoid whatever causes
that
is,
pain.
and only this principle, man's and society's standard of
and wrong. The revealed word of God or God's law imprinted in man's conscience or even speculative reasoning as means
of providing man with a uniform and universal standard of morality, he summarily dismissed. It was according to his principle that
any given action, whether private or public, was to be evaluated.
This is done through what he calls the calculus of pleasure: a
summing up of the pleasures and pains involved in each instance
and a balancing of the one against the other. If a particular action,
thus hedonistically and mechanically tested, appears likely to cause
principle,
right
A Fragment
on Government
*lbid., p. 126.
p. 125.
V. Modern Times
288]
to be avoided: it is "unjust," "immoral," "wrong,"
on the contrary, it is likely to bring pleasure, it may be
done: it is "just," "moral," "right." It follows that virtue is a good
to be pursued only in view of the pleasures that attend it; vice, an
evil to be avoided because it inflicts pain. Moral good exists only
because of its capacity to give physical pleasure; moral evil bepain,
it
is
"evil." If,
it produces physical pain.
While Bentham seems to refer the term "physical" pleasures
and pains to the delights and sorrows of both the soul and the
senses, he nevertheless maintains that pleasures (or pains) differ
cause
only quantitatively. In reality, there
is
a qualitative difference be-
tween various kinds of pleasures that makes
it
impossible either to
compare them or to evaluate them mathematically. How does one
compare the pleasures of listening to good music and eating a good
dinner, or the pleasures of climbing a mountain and playing a
of chance? Here, as in his entire ethical system, Bentham
shows a marked degree of naivete. His empiricism made him take
a rather superficial view of the moral problem, and led him to
ignore the complex constitution and manifold implications of
man's nature. At times, pleasure is evil, pain is good. What one
feels he ought to do is often painful and contrasts directly with
what he would like to do or what he actually does. Problems are
never solved by denying they exist.
To the principle of utility Bentham adds the principle of
benevolence or good will a natural, universal tendency in men
to seek their own happiness in the happiness of others. While the
first law of nature urges man to pursue his own happiness, prudence and good will advise that self-love and individual happiness
can (and should, as a rule) coincide with communal good, that is,
with the happiness of the greatest number. The reason is that in
most cases individual interests are bound up with general interests,
game
for the latter are but the
sum
of individual interests;
in striving for the greatest happiness of the greatest
7
ficial.
litical,
therefore,
number
the
This individualistic concept of the common good is rather superThe common good, the purpose of every society including the po-
something more than the mere sum of private goods. It is of
it must be carefully noted against most of the collecthe welfare of the whole group must per se result in the good of
is
another order. Yet,
tivists,
the persons within the group.
Bentham XXI.
individual
is
is
working out
[289
his
own. The happiness of the individual
always included in the happiness of the greatest number.
Bentham's enlightened self-interest, dress it as he might,
is
but a rationalized selfishness. He refuses to acknowledge the existence of true disinterestedness or, to say the least, he considerably
lowers
good
its
character. Persons
who
contributed to the
for purposes transcending their
pleasures never
came within
own
communal
and
interests
selfish
his experience or, perhaps, his
un-
derstanding.
POLITICAL THEORY
Bentham's
political
theory
an application of
is
ethical
his
The same
doctrine to social issues and political questions.
utility
becomes the magic touchgovernment; it becomes
and
analyzing
the
nature
of
state
for
stone
action
and obligation, the
the infallible test for judging political
end of law, and political economy.
that solves for
him
the moral problem
THE STATE
For Bentham the state is a group of men, part of
accustomed to pay obedience to other members.
When
number of persons (whom we may
whom
style subjects)
are
are sup-
posed to be in the habit of paying obedience to a person, or an assemblage of persons, of a known and certain description (whom we
call governor or governors) such persons altogether (subjects and governors) are said to be in a state of political society. 8
Natural society, on the contrary,
such habitual obedience
is
a group of
is
men
in
which no
paid other men.
Why did men begin and why do they continue to obey the
government? Bentham rejects the social contract theory both as
an explanation of the origin of the state and as the foundation of
Not because they or their fathers agreed to it
do men obey the laws of the state. Nor are the origin of the state
and the duty of obedience to be referred to some natural law or
political obligation.
Fragment on Government
p. 38.
V. Modern Times
290]
some eternal reason. States were established and state laws are
of
obeyed because of their usefulneslTtoln^^
men to obey. That is why they obey. "The probable mischiefs of
to
obedience are
less
than the probable mischiefs of resistance."
LAWS AND LEGISLATION
What
are laws?
They
form of a
are expressions of a will in the
expressions are only those formulated by one
command. Such
man
or several men. For particular men, not man in general or human
reason or nature, can be said to have a will. Even God is out of
the picture in Bentham's field of legislation. Of course, God's will
would be law if it were clearly expressed in the form of a command; but Bentham feels that there is no way to know (at least,
to know with certainty) the will of God. In political society, then,
law is the command of the sovereign habitually obeyed by the
members. The political superior in a political society actually
functioning, whether one man or a body, possesses unlimited political
power. Legally speaking, the governor or sovereign has
neither limitations nor duties, he has only rights.
the other hand, has
no
The
subject,
on
legal right to disobedience, resistance, or
He has only a legal (or political) duty to obey the supreme
power unconditionally. But the power of the sovereign is limited
on another level. The limitation stems from the necessity of havrevolt.
ing the people actually acquiesce in the legislation
indeed
made
to
be obeyed. There
is
lar dissatisfaction, of general resistance,
The
for laws are
always the possibility of popu-
and of eventual
unchecked, his power
rebellion.
and unhe runs the risk of being unseated should obedience
seem to a sufficient number of subjects less useful or more harmful than disobedience and revolt.
legislator rules
is
indefinite
limited; yet,
To
help subjects to obey: not only to
make laws
that they
must obey out of political duty but to appeal to their good will
so that they may obey freely out of moral duty, realizing that the
rules enforced tend to their greatest happiness
task of the legislator or sovereign body.
direction
Bentham
suggests a
As
this is the difficult
a weighty step in this
form of government
in
which the
interests of the subjects coincide with the interests of the gov-
*Ibid
p. 55.
Bentham XXI.
[291
Then laws will be dictated by a serious concern for what
end of every human action the promotion of the greatest
happiness of the greatest number. The danger of disobedience will
ernors.
is
the
greatly diminish.
In addition, Bentham warmly recommends education for all,
at least to some degree. Useful learning (chrestomatia) helps man
form a right judgment about what is truly conducive to happiness.
Moreover, knowledge enables
out of
man
to get
more,
if
not the most,
life.
Bentham's
interest in
law expressed
itself in
a constant effort
Most of his writings
laws or proposals for new laws. He was
to vitalize his principles in legislative reform.
are a criticism of existing
first
of
all
against the chaotic condition of law in England.
wanted the law
codified, that
is,
clearly expressed in terse
He
and
simple statements, understandable to even the plainest citizens.
He
make the law
and he suggested this be done
through a system of general education and the distribution, posconsidered
known
to all
it
a primary duty of the state to
who were bound
to
it
sibly gratuitous, of copies of the law.
GOVERNMENT
One
notes a close connection between Bentham's theory of
legislation
and
his theory of
philosophers for
seems to have
whom
first
government. Unlike most
the former follows the latter,
political
Bentham
a theory of lawmaking to which he suits his
doctrine of government. "His primary concern
psychology nor ethics, nor was
it
with
was with neither
'political theory,'
but with
by means of a science of law." 10 Because laws are made to be obeyed and, as a rule, they are freely
obeyed when they promote the general utility, the interests of the
governors and of the governed must become identical. Only thus
is the conflict between the good of the sovereign and the good of
the subjects likely to be averted. Bentham shows how the English
form of government (a representative government) should be
made to function properly. Far from satisfied with the "matchless
constitution," so highly praised by so many since Montesquieu's
first panegyric in 1748, he suggested numerous and drastic re-
the reform of existing laws
10 Ibid., Introduction, xviii.
V. Modern Times
292]
forms such as universal manhood suffrage, with ability to read as
the sole requisite; u annual parliaments; vote by ballot; equalization of electoral districts. Dissatisfied with the two-chamber sys-
tem and contemptuous of the House of Lords, he proposed a
single legislative chamber composed exclusively of representatives duly and annually elected by the people. Even the monarchy
fell under his criticism and he spoke feelingly for a republic. For
Bentham these were all logical steps in the right direction: promoting and securing the greatest happiness of the greatest number.
Given a monarchy, he reasoned, and the King's interest alone is supreme; given a limited monarchy, and the interest of a privileged
class, as well as that of the sovereign, comes in; it is only when
democracy rules that the interests of the governors and the governed
become identical, for the greatest happiness of the greatest number
12
is thus the supreme end in view.
POLITICAL ECONOMY
Bentham's
political
economy
main
follows the
lines traced so
Wealth of Nations. 13 On only one
did
the
disciple
dissent
from the master and then merely
occasion
to insist on applying principles from which Smith had momen-
forcefully
by
Adam
Smith in
his
11 As to woman suffrage, for which only an insignificant number
clamored at the time, Bentham, evading the question, said simply that it
would be decided when there was a truly popular demand.
12 W. L. Davidson, Political Thought in England, the Utilitarians
from Bentham to Mill (London: Oxford University Press, 1947), p. 50.
13 The new "science of political economy," originated in France by a
group of thinkers known as Physiocrats (from the word physiocracy, meaning "the rule of nature" and referring to the physical constitution and
pertinent laws given by God to the universe), found its classical expression
in Adam Smith (1723-1790). His most important works are Theory of
Moral Sentiments (1759) and The Wealth of Nations (1776). He believed
that the government which governs least governs best, that economic prosperity is assured if the individual is left alone to pursue his own interest,
for, by seeking it, one promotes the welfare of all. The "invisible hand"
of God's providence will take care of this, for divine providence, which
"has endowed
it
that
no
man
with a desire to better his
conflict arises
Smith therefore
between individual
asserts that every
own
condition," will see to
and social welfare.
man, provided he does not violate the
self-interest
rules of justice, should be left "perfectly free to pursue his
his
own way, and
to bring both his industry
and
own
interest
capital into competition
Bentham XXI.
[293
tarily departed. This was in his Defence of Usury (1787) when
Bentham accused Smith of inconsistency for supporting the laws
against usury. In this booklet Bentham did not defend the usurer
or usury as such. He condemns government legislation against the
lending and borrowing of money at high interest, arguing that
such interference is more detrimental than advantageous to the
common
As
utility.
a rule, then,
Bentham was a vigorous defender
of unrez-
stricted property rights, free trade, the doctrine of non-interfer-
ence on the part of the government with the law of supply and
demand, and, broadly speaking, with the individual in all his dealings with his fellow citizens.
He was
in the
main
for unlimited
freedom of competition as responsible for both the best products
and the lowest prices. The fact that through free competition the
more energetic and talented were able to prevail over others less
gifted and enterprising was also, for Bentham, a reason for adl
vocating it. In this vein he wrote in his Manual of Political Economy (1798): "The request which agriculture, manufacturers and
commerce present to governments, is modest and reasonable as
which Diogenes made to Alexander: Stand out of my sun14
In other passages ("laissez-nous faire," "all government
is in itself one vast evil"), Bentham expresses the same principle.
Yet this "let alone" or "be quiet" doctrine, as well as his repeated
relegation of government to police duty (to preserve order,
guarantee property rights, prevent men from murdering one another), must be taken with a grain of salt. Empirical philosophers
such asTSentham would be surprised and shocked at being taken
that
shine."
with those of any other man, or order of men."
The
historical influence of
Smith has been tremendous. With him, according to Harold Laski, "the
maxims of
practical
Max
business enterprise achieved the status of a theology."
new
and a new
have emphasized the fact
that Smith was essentially for individual economic enterprise and would
have repudiated the "big business" perversion of property as well as any
kind of monopoly. "Perhaps. But this much is true, and tragically so, that
According to
Lerner, "he gave a
dignity to greed
sanctification to the predatory impulses." Others
history
(with infallibly perfect logic, of course)
has used his classical
greed as a sanctimonious camouflage for ghastly
economic oppression and tyranny." (George C. Higgins, "Adam Smith:
rationalization of
human
The Wealth of Nations," The Great Books, Vol. I, pp. 98-103.)
14 The Works of Jeremy Bentham, ed. by Bowring (Edinburgh:
1839),
Vol.
m,
Part IX, p. 35.
V. Modern Times
294]
literally.
The
laissez -faire principle is too closely
not to-be disc ardedshould__the latter
imperative in some particular instanc e.
to-^emerrlbeirtEat the individualism of
bound
to utility
ma ke
government action
It is
therefore important
Bentham and Benthamism
do n ot coincide with an absolute opposition to governmental
in-
terference.
The general tendency was
in that direction; and in purely economical
any exception was admitted to the rule. Men are
the best judges, it was said, of their own interest; and the interference
of rulers in a commercial transaction is the interference of people inferior in knowledge of the facts, and whose interests are "sinister" or
questions, scarcely
inconsistent with those of the persons really concerned. Utility, there-
government: but, as utility is
be cases in which it does
not coincide with the "let alone" principle, we must always admit the
possibility that in special cases government can interfere usefully, and,
in that case, approve the interference. 15
fore, will, as a rule, forbid the action of
always the ultimate principle, and there
may
SELECTED BIBLIOGRAPHY
Bentham,
J.
Fragment on Government and An Introduction to
Morals and Legislation. Oxford: Blackwell,
the Principles of
1948.
*
An
New
.
tion.
Introduction to the Principles of Morals and Legisla-
York: Hafner, 1948.
Atkinson, C. M. Jeremy Bentham. London: Methuen, 1905.
Baumgardt, D. Bentham and the Ethics of Today. Princeton:
Princeton University Press, 1952.
Bedoyere, M. de la. "John Locke and Jeremy Bentham," Thought,
IX (1934), 236-248.
Neill, T. P. Makers of the Modern Mind. Milwaukee: Bruce, 1949.
Keeton, G. W., and G. Schwarzenberger (eds.). Jeremy Bentham
and the Law. London: Stevens, 1948.
Wallas, G. "Jeremy Bentham," Political
XXXVIII
15 Leslie Stephen,
Co., 1900), Vol.
Science
Quarterly,
(1923), 45-56.
I,
The English
p. 310.
Utilitarians
(London: Duckworth and
chapter xxii
Hegel
LIFE
GEORG
WILHELM FRIEDRICH HEGEL
was born in
on August 27, 1770, the son of a minor official of
the Duchy of Wiirttemberg. He received his elementary and
secondary schooling in his native town and, at the age of eighteen,
enrolled in the University of Tubingen to study theology. There,
Stuttgart
at the Protestant seminary, he shared a room with Schelling.
Another fellow student was the young poet Holderlin.
After he received his degree in theology in 1793, Hegel became a tutor in a private family first in Bern, and then in Frankfurt where he remained until 1800. All these years he devoted
himself to an intensive study of philosophy, economics, and politics, and wrote several books
among them a rationalistic Life
of Jesus.
Toward
him
to join
the end of 1800, Hegel accepted Schelling's invitation
as a lecturer at the University of Jena, then
portant center of Romantic culture.
The courses he gave
an im-
there to
a handful of students were logic, metaphysics, history of philos-
At Jena, Hegel wrote On the Difference between Fichte and Schelling and collaborated with Schelling
ophy, and pure mathematics.
in the publication of the Critical Journal of Philosophy.
But his
most important work in that period was Phenomenology of Spirit
V. Modern Times
296]
published in 1807.
marks the break with
It
own
and lays the foundation for his
Schelling's philosophy
system.
The Jena sojourn
came to a close with the famous Napoleonic victory there.
In 1807 Hegel went to
Bamberg
Bavaria to edit a daily
in
paper and shortly afterward (1808) he moved to Nuremberg to
head the Aegidien-gymnasium. In 1811 he married Marie von
Tucher, twenty-two years his junior. They had two children. In
Nuremberg he wrote Science of Logic, his central and most sig-
work.
nificant
In 1816 Hegel accepted a professorship at the University of
Heidelberg.
left
Two
years later he
for Berlin to
left
vacant by Fichte. Hegel taught in the
maining thirteen years of
his
German
recognized leader of
He became
life.
occupy the chair
German
capital the re-
a national figure, the
philosophic thought. In 1821 he
published The Philosophy of Right, and in 1830 was appointed
were interrupted by occasional
rector of the University. His courses
to the Baltic States (1822), Austria (1824), and France
trips:
On November
he died of cholera. Hegel was
of his books, Philosophy of
History, History of Philosophy, Philosophy of Religion, were published posthumously by his disciples.
(1827).
14, 1831,
Some
buried in Berlin near Fichte.
GENERAL PHILOSOPHY
Hegel's
an
is
center; the idea
it
is
is
the
By
the absolute.
means reason,
Not only is the idea its
For Hegel thought is all;
idealistic philosophy.
sum
of
all reality.
the terms idea, thought, absolute, Hegel
both the essence and the norm of one's
thought (a subjective faculty) and the essence and the law of the
that
is,
evolution of things (an objective reality).
thought and unconscious nature
which things move
Reason
is
is
What
human
directs
reason, and the goal toward
is
also reason, but self-conscious reason.
the sovereign of the world.
Reason ...
is
substance,
power; its own infinite material underlying all the
natural and spiritual life which it originates, as also the infinite form
that which sets this material in motion. On the one hand, reason is
as well as infinite
the substance of the universe;
reality
finite
has
its
viz.,
that
by which and
On
the other hand,
being and subsistence.
energy of the universe. ...
their entire essence
and
truth. It
It is
is its
in
which
all
the
in-
it is
the infinite complex of things,
own
material which
it
commits
Hegel XXII.
to
own
its
own
Active Energy to work up.
and absolute
basis of existence,
power
ing
[297
.
realizing this aim; developing
it
While
aim,
final
exclusively
is
it
is
it
not only in the
of the Natural, but also of the Spiritual Universe
its
also the energiz-
phenomena
the History of the
World.*
Thus, in Hegel's philosophy, nature and
same absolute
of the
principle
are determinations
spirit
reason. Likewise, for
him being
and thought are synonymous.
This explains the other important characteristic of Hegel's
philosophy:
dynamism. The idea or reason
its
an
active infinite,
stantly developing.
quest of
that
is,
its
not
is
The
an
static. It is
infinite evolution. It is constantly
moving, con-
various phases of the process of the idea in
perfect realization are not to be considered a result,
a product differing from the source or cause from which
The idea does not remain outside them. It is wholly
They are successive modes of the idea. They are the idea.
they derive.
in them.
In other words, the very process of the idea
ing
itself,
unfolding
itself as it
indifferent source of reality,
is
immanent
actual
is
in
it.
is
the idea determin-
were. Hegel's absolute
is
not an
producing and yet transcending
Hence: "What
is
rational
is
actual
it.
It
and what
is
rational." 2
In Christian philosophy
God
is
the cause of
all
that exists.
He
and everyone as source and preserver. Yet God is
above all, distinct from all, a transcendent being, whom human
reason will never know perfectly. Hegel's god is an absolute, immanent in reality, not at all distinct from it, perfectly knowable.
In this sense, it has been correctly noted, Hegel's philosophy is
most atheistic.
The logical or dialectic development of Hegel's idea, its process
is
in everything
of metaphysical development, has three stages:
itself,
the pure idea perceived through the
thought (that
itself,
in
its
ness (that
is
is
being in
itself);
first,
the idea in-
medium
of absolute
secondly, the idea outside-of-
external realization, the idea passed over into other-
nature); thirdly, the idea
for-itself,
the idea that has
come back to itself, the idea arrived at the consciousness of itself
(that is mind or spirit). Each of these triadic determinations is
1 The Philosophy
of History (Chicago: Encyclopaedia Britannica
Great Books, 1952), Vol. XLVI, p. 157.
2 The Philosophy of Right (Chicago: Encyclopaedia
Britannica Great
Books, 1952), Vol. XLVI, p. 6 (Preface).
V. Modern Times
298]
divided into three secondary determinations; these are subdivided
into three others,
and so on.
The movement
of the idea
spiralwise.
is
The
idea develops
through an endless, dramatic, almost tragic tension. Reason becomes self-cognizant by affirming itself (thesis), negating itself
(antithesis),
and reaffirming
itself
(synthesis).
reconciliation of opposites. Reintegration
Then
integration, life through death.
peated again and again in
new
is
The
full truth is
reached through
the identical process
is
dis-
re-
forms: the contradiction reappears
and is resolved in a new unity or synthesis, only to be confronted
by a new negation and so on, until the absolute is reached. In this
way Hegel repudiates the traditional principle of contradiction and
comes close to the Sophists' manner of reasoning while at the
same time steering clear of their skepticism and despair.
Hegel's philosophy includes three sciences:
science of the idea in
stract
itself,
the science of the pure idea in
science that coincides with metaphysics.
externalized in nature,
chemical process,
is
spirit,
its
ab-
elements, the morphology and physiology of thought, a
nature, the science of the idea out of
form
Logic, the
(1)
the
first
The philosophy of
the science of the idea
in the inorganic world, then in the
finally in the
human
(2)
itself,
organic world whose perfect animal
organism.
(3)
The philosophy
of
mind or
the science of full consciousness and freedom, the science
Here the idea passes through three
mind (the individual), objective mind
mind (mind subject only to mind) expressing
of the idea returned to
distinct forms:
itself.
subjective
(society), absolute
itself in art, religion,
and
science.
THE CONCEPT OF FREEDOM
grasp of Hegel's general philosophy is necessary for an
understanding of his political doctrine. One must grasp too Hegel's
concept of freedom. For him, freedom means ability to overcome
finiteness, to burst the
He
bonds and break out of the limitations of
who rises superior over all irrational
requirements and unjust restrictions without and within. Lest these
impressive words be misleading, it must be added that Hegel's
any
exteriority.
is
free
freedom, as far as the individual
nition
is
concerned, consists in a recog-
and acceptance of the course of
necessity.
One
is
free
when
Hegel XXII.
[299
he grasps the ineluctable and triumphant law of history and
consciously and willingly falls in step with it. One's personality
may be pitilessly crushed in the process; yet he is free for he
knows why and how
Now
this occurs.
Hegel sees history (also
political history)
as a process
toward the attainment of this rational freedom. In the progress
toward final deliverance mankind passes through several phases
(family, tribe, lower forms of political groupings), gradually freeing itself of the many bondages by which it is held in slavery.
These bondages are man's own beliefs at a given epoch, man's
own reason, man's imperfectly dehuman capabilities. The final liberation from bondage
come when man, or rather the divine spirit moving within
temporary embodiments of his
veloped
will
him, reaches the perfection of social existence or, in Hegel's term-
when
inology,
the subjective
mind has given place completely
to
the objective mind.
THE STATE AND
The
EVOLUTION
ITS
highest form of social existence
great respect for the family
manent
and for
institutions. But, while
the state rests,
it is
tion of society
is
it is
is
the state. Hegel has
Both are peron the family that
civil society.
particularly
only with the state that the perfect organiza-
attained.
community concerns
itself
The family
is
an individual; the
civil
with the protection of individual in-
is
the
embodiment of the
lives for the ethical idea,
it is
not interested in individuals as such.
terests;
but the state
Individuals as individuals cease to exist.
ethical idea,
They and
it
their private
interests are expendable.
Evolving through a series of
litical
organization reaches
its
less
adequate forms, the po-
highest development with the na-
a state incorporating a homogeneous people, welded
by a common language, a common religion, a common
history, by customs, traditions, and ideas. Hegel sees this evolution marked by four major phases: the despotic potentate of the
tional state
together
East, the small city-state of the Greeks, the world empire of the
Romans,
the
German
The East knew
world, that some
nation.
only that one
are free; the
is
free; the
Greek and Roman
German world knows
that
all
are free.
V. Modern Times
300]
The
political
first
form therefore which we observe
in History,
is
mon-
despotism, the second democracy and aristocracy, the third
archy. 3
The
phase represents the childhood of history; the second,
first
manhood; the fourth, old age, that is, perand strength of spirit, "in which the Spirit returns to
adolescence; the third,
fect maturity
unity to
the
itself,
German
but in
its fully
developed character as
nations even the conflict between
Spirit." 4
Church and
In
state
has vanished.
The
no longer occupies a position of real inferiority to the
is no longer subordinate to it. The latter asserts no prerogative, and the spiritual is no longer an element foreign to the state.
Freedom has found the means of realizing its ideal its true existstate
church, and
ence. 5
march of God
in the world,"
"the divine idea as it exists on earth," 7 "the embodiment of rational freedom, realizing and recognizing itself in
Hence Hegel's glowing
definition of the state: "the
an objective form."
THE STATE FIRST AND FOREMOST
It is
evident that in Hegel's system there
is
no place for a con-
tractual, utilitarian, individualistic, liberal theory of the state.
for a Christian concept of politics. His evolutionary view
the state not a conscious creation of
man
Nor
makes
but the result or rather
the last link in a chain of progressive developments. It
is
an organ-
view according to which the state is an organic
whole, a living being, an end in itself, existing for its own sake.
"All worth which the human being possesses, all spiritual reality,
he possesses only through the state." 9 The glorification of the
ismic, totalitarian
becomes the supreme imperative for all, under penalty of
from the source of life. The state is the tree, the
citizens are the branches. Consequently, the state "has supreme
right against the individual, whose supreme duty is to be a memstate
their being cut off
Philosophy of History,
p. 203.
*Ibid., p. 205.
6
Philosophy of Right,
8 Ibid., p.
174.
5 ibid., p.
p.
141.
206.
Philosophy of History, p. 171.
9 Ibid., p.
171.
Hegel XXII.
ber of the state."
must
10
[301
And
to be a
good
vital
obey the dictates of the
faithfully
member
the individual
state; for the state
and
its
embody universal reason. Obedience to the will of the state
the only way for man to be true to his rational self. Moreover,
laws
is
the citizen must be willing to sacrifice himself for the state: "Sacrifice for
the sake of the individuality of the state
is
the substantive
and is, thus, a universal duty." n
High above individual and family, Hegel's state is also superior
natural law and morality. A moral law, fixed, timeless, univer-
relation of all the citizens,
to
invariably valid, does not exist. The principle that ultimately
man's actions must be guided by his conscience is incompatible
with the principle of progress. It would mean confusion and fossilisal,
would
by anchoring it forever in intermediate harbors. Individual rights and duties are transcended by
social ethics, that is, by a code of morality issuing from the customs, usages, and traditions of the community to which one happens to belong. Moral ideas grow along with the ethical standard
of the social group of which one is a member. At the highest level
of social organization, true morality is expressed in and through
the laws of the state. For Hegel there is nothing higher or holier
than what the state declares moral and right.
One would expect Hegel's constant preoccupation with the
"universal," the "whole," the "totality," the "World Spirit" to
lead him to plead for a world state and for the single state's sub-
zation. It
ordination to
arrest civilization
it.
This
is
not the case. Hegel's World Spirit can
never be embodied in a world
state. For him the national state is
supreme community. One national state against another: this
the
it is
that
makes
universal idea.
possible the ever
world
more
state or
perfect actualization of the
even a world league of
states
would be an absurdity. It would eliminate the dialectics of history.
It would destroy the very medium through which reason unfolds
its
various phases in time.
THE STRUGGLE BETWEEN STATES
Hegel's assertion that history
is
an incessant struggle between
but a corollary of his general doctrine. "In the history of
the world, the individuals we have to do with are peoples; total-
states is
10
Philosophy of Right,
" Ibid.,
p. 107.
p. 80.
V. Modern Times
302]
12
that are states."
ities
Not
the single individuals but the nations
are the primary instruments and major embodiments of the World
Spirit in its process of auto-revelation. Hegel is fascinated by the
great conquerors and statesmen. Alexander the Great, Caesar,
Charlemagne, Napoleon stand before him in solitary splendor. He
regards
them with awe, reverence, and admiration. He defends
these world figures despite their peculiarities as private persons. 13
even possible that such men may treat other great, even sacred
conduct which is indeed obnoxious to moral
reprehension. But so mighty a form must trample down many an
innocent flower, crush to pieces many an object in its path. 14
It is
interests, inconsiderately;
Yet, even the great appear on the stage of history as mere agents
of necessity to
fulfill
their function of leaders of this or that nation
and then disappear the very instant their mission has been accomplished. The states remain the true protagonists of history.
Particularly the victorious, conquering states. Each of them comes
closer to the ideal state than the defeated.
Each
represents at a
given epoch a more perfect incarnation of the universal mind or
reason only to be, in turn, overcome by another
actualization of the
sion
same mind. Each
by the absolute
as
its
Assyrians, the Greeks, the
is
privileged organ
Romans,
state,
still
higher
the one chosen in succesthe Egyptians, the
the French, the Germans.
Through them, the conquerors, civilization constantly forges ahead;
through them God judges the imperfect, one-sided principles embodied in the vanquished. History, the development of the idea of
freedom, with all the changing scenes that its annals present, is
indeed a sacred history, "the true Theodicaea, the justification of
God,"
15
Most
"the world's court of judgment."
16
of the time, then, the Hegelian absolute marches with
the big battalions; and since the victorious army or nation is always and necessarily its most perfect realization at that particular
moment, one would conclude that for Hegel might is right. Hegel
12
Philosophy of History, p. 159.
'No man is a hero to his valet-de-chambre? is a well-known
proverb; I have added and Goethe repeated it ten years later 'but not
because the former is no hero, but because the latter is a valet.'" (Ibid.,
p. 167.) See also pages dedicated to great men in general (ibid., pp. 16613 "
68), and to Alexander the Great in particular (ibid., pp. 281, 282).
14 Ibid., p. 168.
is ibid., p. 369.
!6 Philosophy of Right, p. 110.
Hegel XXII.
[303
would say rather that right is right and might only a medium
through which right affirms and vindicates itself. Be that as it may,
Hegel has no qualms about war. It is necessary for the betterment
of mankind. Perpetual peace is neither possible nor desirable.
Through war "the ethical health of peoples is preserved" 17 and
nations escape corruption "just as the blowing of the winds preserves the sea
from the foulness which would be the
prolonged calm."
result of a
18
GOVERNMENT
Hegel
is
for
an authoritarian government.
the democratic belief that government receives
the consent of the governed nor
is
He
its
does not share
just
powers from
he for the division and separa-
powers as advocated by Montesquieu.
According to Hegel, "those who know ought to govern." 19
Competent knowledge, experience, and a morally regulated will
are the only qualities that obtain an individual a share in the government. As to sovereignty, it exists in the person of the ruler.
Governmental power is divided into the legislative, executive, and
monarchic branches. The legislative, "the power to determine and
tion of
establish the universal," 20
composed
consisting
is
to
be divided into an upper house
exclusively of great landowners
of
representatives
and into a lower house
each main branch of society
of
and manufacturers "representatives who are
thoroughly conversant with it and who themselves belong to it." 21
Laws should be few and general in character, for they must state
only universal principles and leave application and details to the
executive. The executive, "the power to subsume single cases and
the spheres of particularity under the universal," 22 is to include
the judiciary. Moreover, the members of the executive, the ministers of state, must be members ex officio of the legislative assembly
with the right to speak and vote. The monarchic organ, "the will
with the power of ultimate decision," 23 is the most important of
such as traders
the three.
It
harmonizes the particular elements contained in the
17 Ibid., p. 107.
19 Philosophy
i* Ibid.
21 Ibid.,
p. 103.
23 Ibid.
M Ibid.,
of History, p. 368.
20 Philosophy
of Right, p. 90.
p. 90.
V. Modern Times
304]
other two organs, presides over their work, and shares in their
functions. It transcends them,
thesis, it
it
reduces them to unity.
gives them the necessary synThe monarch, to be sure, must
be an actual person, one individual. He
basis of the whole," 24 he is the leader:
is
at
once "the apex and
"It is only as a person,
the monarch, that the personality of the state
achieves
true
its
mode
is
actual"
25
and
of existence.
It is true that in his political
system, formulated in the years
between Napoleon's defeat and death, Hegel bowed to public
opinion and did not stress absolute monarchy. In fact, he spoke in
favor of limited or constitutional monarchy. But an attentive reading reveals a
marked sympathy
for absolute
monarchy
if
not for
dictatorship.
PANTHEISM, RATIONALISM, MONISM
A
litical
general criticism of Hegel's philosophy, including his podoctrine, calls for three central remarks.
First of
all,
God
is
no longer
He who
is.
He
is
merely the ex-
The elements to which He gives life are not
from Him. God is not transcendent but immanent.
pression of a totality.
distinguished
He
is
not the Creator.
He
is
one with the
reality
with which
He
is
confused.
Secondly, Hegel extols to absurd heights the power of man's
reason; and logically to follow out his
wrong premise he has
to
deny the existence of everything man's reason is unable fully to
comprehend and explain, the problem of evil, for example. But his
denial or suppression of certain major aspects of life and history
merely emphasizes the insufficiency of reason. The "rational" is
all the "real." The "rational" is not always the norm of reality.
One of Hegel's fundamental errors is simply this: he so confused
human reason with absolute reason (divine reason) that he found
not
it
impossible not only to grasp but even to admit the existence of
anything in reality outside the limited pale of man's
Thirdly, Hegel denies that
man
intellect.
and autonomous. For
him the individual does not enjoy a personal dignity and sufficiency, an independent, concrete, spiritual life of his own. He is not
sui iuris. The only way for him to live a worthy life is to submerge
24 ibid.
25 ibid., p. 93.
is
free
Hegel XXII.
[305
himself into the state and lose himself in
philosophy, the state
is
it.
According to Christian
but an element integrating the person of
man. In Hegel's philosophy, the state is the true inand the sacred prerogatives of man's
personality are transferred to it. More, the state acquires rights
and privileges the human person has never possessed, belonging as
they do exclusively to God. The Hegelian state is the very fountain
of all authority. It claims not only legal but moral sovereignty as
well, that is, the power to declare infallibly what is right and what
individual
dividual, the true person,
wrong. Hegel's concept of the
is
Religion
itself is
state is
approved only when
pure "statolatry."
it
merges completely into
the state. Hence, Hegel's violent opposition to Catholicism for "in
Church ... it is nothing singular for the conscience
be found in opposition to the laws of the state," 26 and his
preference for Protestantism, wherein, he claims, the religious
the Catholic
to
conscience
is
neither separate
from nor antagonistic
to secular law.
SELECTED BIBLIOGRAPHY
Hegel, G. W. F. The Philosophy of History and The Philosophy of
Right. Chicago: Encyclopaedia Britannica, Inc. (Great Books,
Vol.
XLVI), 1952.
Lectures on the Philosophy of History. Trans, by J.
by C. J. Friedrich. New York: Dover Pub-
Sibree. Introduction
lications,
1956.
*
Findlay,
J.
N. Hegel:
Re-examination.
New
York: Macmillan,
1958.
Foster, M. B. The Political Philosophies of Plato and Hegel. London and New York: Oxford University Press, 1935.
Marcuse, H. Reason and Revolution: Hegel and the Rise of Social
Theory. 2nd ed. New York: Humanities Press, 1954.
26 Philosophy of History, p. 353.
chapter xxiii
Tocqueville
LIFE
CHARLES HENRI MAURICE CLEREL DE TOCQUEVILLE was born in Verneiiil, near Paris, on July 29,
A LEXIS
ii
1805. His father, Count de Tocqueville of an old aristocratic
Norman
was prefect of the departement of Seine-et-Oise.
After completing his studies in law, Alexis became a judge at the
tribunal of Versailles. He was at this post when the Revolution of
1830 broke out, bringing the Bourbon monarchy to an abrupt
end. Expecting little from the new regime of the Orleans and tired
of his career in the French magistracy, he sought an opportunity
to visit the United States. Since 1789 France had known a series
of harrowing experiences and searched in vain for firm ground
whereon to start social and political life anew. In America things
seemed to have proceeded otherwise. There was something worth
seeing and studying and appraising in a country where the democratic revolution had been accomplished in an orderly manner.
At this time France was displaying much interest in the question of prison reform. Tocqueville and a friend, Gustave de
Beaumont, presented a report on the problem to the Ministry of
the Interior and asked to be sent to the United States to study the
American penal system. On May 10, 1831, the young lawyers
landed in New York. Tocqueville remained in America only nine
family,
Tocqueville XXIII.
[307
months, but his exceptional power of observation enabled him to
collect
such a store of facts and ideas that the resulting Democracy
America has been justly considered the best foreign appraisal
of American social and political institutions. The first volume was
written in 1832-1834 and published in January 1835. Tocqueville
then worked for five years on the second volume, which apin
peared in 1840.
The work made Tocqueville famous. He was hailed as "anDemocracy was soon translated into many
languages; and in 1838, at the age of thirty-three, he was made a
member of the French Academy. The following year he was elected
to the Chamber of Deputies, where he sided with the constituother Montesquieu"; his
1848 he accepted (not without reservation)
and as a deputy at the Constituent Assembly he voted with the moderate majority. In 1849 he became Minister of Foreign Affairs in Barrot's government. With
his middle-of-the-road policy Tocqueville stood for French alliance with England against Russia and Austria, and favored, in
the still restive European countries, the liberal and moderate parties. But his policy failed, particularly in regard to the Roman
Question. Disavowed by the president of the ministers, he resigned
October 30, 1849, and retired to Sorrento, in Italy, where he
wrote his Souvenirs, published posthumously (1893). Later he
returned to France and re-entered the political arena. Then, withdrawing definitely from public life, he resumed his studies and
writing. In 1856 Tocqueville published the first part of L'Ancien
regime et la revolution, which views the Revolution not as a
tional opposition. In
the February Revolution,
break with tradition but as the final step in a long process of unification and equalization. He died in Cannes on April 16, 1859.
VIEW OF HISTORY
keen student of social and
political history, Tocqueville
saw
course dominated by three basic drives: man's irresistible tendency to absolute equality of condition, the state's effort to extend
its
sphere of action and to control the entire life of the individual,
man's natural inclination to liberty. Equality of conditions, the
its
and most striking mark of democracy, is here to stay
whether one likes it or not. It may well represent a definite progress over the old class systems. It has its virtues; it is not without
essential
V. Modern Times
308]
its
grave dangers. But total concentration of power in the state,
the complete centralization of government and administration (to
which even democracy may
harmful.
liberty
easily lead) is wholly unhealthy
and
Salvation rests, then, with man's undying passion for
and
dignity. This
it is
the state within bounds. This
that can keep the growing
it is
power of
demo-
that can wisely guide the
and render it profitable.
democracy without succumbing to servitude, how
to have democracy and preserve freedom, is then the main problem of our times. The study of its nature and the search for its
cratic revolution so as to offset its perils
How
to attain
successful solution are the impassioned concerns of Tocqueville's
Democracy
in
America.
DEMOCRACY
IN
AMERICA
America is divided into two parts. The first deals
with the impact of democracy on the political life and institutions
of the American people, the second with its impact on their private
ideas, feelings, and manners. The closing chapters analyze the influence of democratic ideas and feelings on political society in
Democracy
in
general. Tocqueville concludes with a general survey of the subject.
In a masterful Introduction the author
tells
why he
has under-
taken the study of the nature and dynamics of democracy in a
specific
country and makes
against democracy.
He
it
clear that
he
is
neither for nor
does not write to praise or to condemn.
an impartial appraisal of a system bound to be universally
is to search for truth and to serve the
cause of humanity by making democracy safe.
His
is
accepted. His only interest
merely to satisfy a legitimate curiosity that I have examined America; my wish has been to find instruction by which we
may ourselves profit. Whoever should imagine that I have intended to
write a panegyric would be strangely mistaken
nor has it been my
object to advocate any form of government in particular, for I am of
the opinion that absolute excellence is rarely to be found in any
legislation; I have not even affected to discuss whether the social
revolution, which I believe to be irresistible, is advantageous or prejudicial to mankind; I have acknowledged this revolution as a fact
already accomplished or on the eve of its accomplishment; and I have
selected the nation, from among those which have undergone it, in
which its development has been the most peaceful and the most comIt is not, then,
Tocqueville XXIII.
plete, in
order to discern
its
[309
natural consequences, and,
if it
be possi-
means by which it may be rendered profitable.
I confess that in America I saw more than America; I sought the
image of democracy itself, with its inclinations, its character, its
prejudices, and its passions, in order to learn what we have to fear or
ble, to distinguish the
to
hope from
progress. 1
its
democracy is equality a general equality
of condition among the people, which only subsequently and consequently brings political and economic equality. In Europe,
The
central fact of
throughout
century,
men have
sought to achieve
of the principle of equality
constantly eludes
all
men
dawn
history but especially since the
its
all
human
contribute to
its
is
it.
of the eleventh
The gradual development
a universal fact, a durable fact: "It
interference,
progress."
and
all
events as well as
The democratic
revolution,
(and Tocqueville regards it with a kind of
"religious dread"), cannot be resisted. The aristocratic society of
yesterday, with its undeniable merits and glaring defects, is dead
and buried. From its ashes has emerged a new society that can
afford mankind a superior happiness provided it is guided, edu-
formidable as
it
is
cated, purified, regulated. Otherwise man's insatiable passion for
equality will generate confusion, corruption, universal despotism,
and
slavery. Fortunately,
it is
within man's power safely and ad-
vantageously to wield this two-edged sword.
DANGERS OF DEMOCRACY
Liberty
is
not equated with democracy. 3
Democracy
in
America, Part
racy in America are taken
by Walker,
New
I,
from the
Nor
is
the one neces-
from DemocHenry Reeve published
Introduction. Selections
translation of
York, 1847.
2 ibid.
men cannot become absolutely equal unless they be enand consequently equality, pushed to its furthest extent, may
be confounded with freedom, yet there is good reason for distinguishing
the one from the other. The taste which men have for liberty, and that
which they feel for equality, are, in fact, two different things; and I am
not afraid to add, that among democratic nations, they are two unequal
things. ... I think that democratic communities have a natural taste for
freedom: left to themselves, they will seek it, cherish it, and view any
privation of it with regret. But for equality their passion is ardent, in3
"Although
tirely free,
satiable,
incessant,
invincible:
they call for equality in freedom;
if
they
V. Modern Times
310]
There is even the danger and this is
that equality and democthe gravest of the dangers of democracy
racy exist without individual and social freedom.
Equality, once become a social condition, must necessarily'
sarily the effect of the other.
make
its
way
into the political world.
political equality is
According to Tocqueville,
two ways: rights are
established in one of
granted either to every citizen or to none.
manly and lawful passion for equality, which
be powerful and honoured. This passion
tends to elevate the humble to the rank of the great; but there exists
also in the human heart a depraved taste for equality, which impels
the weak to attempt to lower the powerful to their own level, and
There
is,
in fact, a
men
excites
reduces
men
to wish all to
to prefer equality in slavery to inequality with freedom. 4
In political terms, the alternative
absolute
is
the sovereignty of
all
or the
power of one. Even the nation fortunate enough
to
escape a single person's despotic rule and, like the Americans, to
choose the other system of government has not entirely averted
the danger of tyranny. For the "sovereignty of the people" in
democratic states
is
often but the tyranny of the majority, the
despotism of the greater number.
To
hold that the people have a right to do everything
To assert, further,
own affairs and that,
solutely absurd.
that a people
in deciding
consequently,
its
be granted the majority, which represents
it
is
is
ab-
always right
full
power may
this is the prattle of
power is in itself a bad
and dangerous thing," 5 whether held by a people or a monarch
or an aristocratic senate. "I can never willingly invest any number
the fool or the talk of the slave. "Unlimited
of
my
fellow-creatures with that unlimited authority which I should
refuse to any one of them."
Above the sovereignty of the people
mankind and, farther above, there is
the sovereignty of God
who, because His wisdom and His
justice always equal His power, is alone omnipotent. "The rights
there
is
the sovereignty of
of every people are consequently confined within the limits of
what
is
just." 7
cannot obtain that, they still call for equality in slavery. They will endure
poverty, servitude, barbarism, but they will not endure aristocracy." Ibid.,
Part II, Book II, chap. 1.
4 Ibid., Part I, chap.
3.
6 Ibid.
5 ibid., chap. 15.
t ibid.
TOCQUEVILLE XXIII.
What
[311
more, majority rule and democracy in general
is
may
exert a sinister influence on private opinion, the national character,
the action of the intellect, the feelings
and manners of the
in-
dividuals.
As
to the majority's influence
so long as the majority
as
soon as
is
observed.
its
.
decision
.
is still
undecided, discussion
carried on; but
is
irrevocably pronounced, a submissive silence
is
The majority
on opinion,
raises very
formidable barriers to the
may write whathe ever step beyond them. Not
that he is exposed to the terrors of an auto-da-fe, but he is tormented
Under the abby the slights and persecutions of daily obloquy.
liberty of opinion:
within these barriers an author
ever he pleases, but he will repent
it if
sway of an individual despot, the body was attacked in order to
subdue the soul; and the soul escaped the blows which were directed
against it, and rose superior to the attempt; but such is not the course
adopted by tyranny in democratic republics; there the body is left
free, and the soul is enslaved. 8
solute
Not
less
degrading
the influence of the omnipotence of the
is
majority on the national character. In democracies, public
life is
mixed with domestic affairs. There, sovereign authority is everywhere and easily accessible. Many speculate on its
weaknesses and passions, currying favors with the multitude, voicconstantly
ing slogans that please rather than principles that are unpopular
but true. The result could be an extensive debasement of character
both in the huge crowd that throngs the roads of power and
the masses
from
whom power
The operations
democracy and its
would seem to lie in the
received.
fact that equality of conditions leads
to consider themselves equal
ate themselves
is
mind may also be adversely affected by
majority rule. At first sight the danger here
of the
from
all
even
intellectually
and hence
men
to alien-
outside sources of intellectual truth and
Old systems and
habits, family maxims,
between generations, the authority of superior men, long established principles, at times even religious
dogmas, are summarily discarded. In the movement that continually agitates a democratic community, one is incessantly thrown
back on his own reason to seek in himself the light of truth and
spiritual enlightenment.
class opinions, the ties
the standard of judgment.
s Ibid.
The
practice of relying solely
on one's
V. Modern Times
312]
own
and testimony, as well as the tendency to reject or
deny whatever one fails to understand with utter clarity, shuts
each man in his own breast, surrenders him to his own guidance,
separates him from his fellow men. "Men are no longer bound
together by ideas, but by interests; and it would seem as if human
opinions were reduced to a sort of intellectual dust, scattered on
effort
every side, unable to collect, unable to cohere."
But
dom
this excessive
of thought,
is
independence of mind,
not without
its limits.
analysis, Tocqueville cites another
of democratic societies
life
that carries with
it
an
this pernicious free-
Relentlessly pursuing his
phenomenon in the intellectual
movement of the spirit
inverse
new and more ominous
implications.
Man
can
never do without some principle of authority. In ages of equality
multitude and
this principle resides in the
expressed through
is
public opinion, which then gains ascendancy as mistress of the
world.
When
the inhabitant of a democratic country compares himself in-
dividually with
all
those about him, he feels with pride that he
equal of any one of them; but
when he comes
is
the
to survey the totality of
and to place himself in contrast to so huge a body, he is
overwhelmed by the sense of his own insignificance and weak-
his fellows,
instantly
ness.
The public has
which
singular power, of
conceive an idea; for
it
therefore
among
a democratic people a
aristocratic nations could never so
much
does not persuade to certain opinions, but
enforces them, and infuses
them
by a
into the faculties
sort of
as
it
enormFor
all upon the reason of each.
when I feel the hand of power lie heavy on my brow, I care
but little to know who oppresses me; and I am not the more disposed
ous pressure of the minds of
myself,
to pass beneath the
yoke because
it is
held out to
me
by the arms of
a million of men. 10
What about
the influence of democracy
on men's
feelings?
Tocqueville answers this question by comparing conditions in
aristocratic and democratic nations. Under the old structure, men
were aware of a close bond between one generation and another;
families remained for centuries in the same condition and frequently in the same place; each individual was conscious of being
a link in a living chain.
Part II, Book
wibid., chap. 2.
9 Ibid.,
By
I,
the very nature of the aristocratic
chap.
1.
com-
Tocqueville XXIII.
[313
many were attached to something outside their own sphere
which they were ready to forget and sacrifice themselves. In
munity,
for
democratic times instead, the sense of belonging diminishes as
changes in families, in places, in conditions are constant: "the
woof of time
effaced."
is
every instant broken, and the track of generations
People become indifferent and strangers to one an-
other. "Aristocracy
had made a chain of
all
the
members
of the
community, from the peasant to the king: democracy breaks that
chain, and severs every link of it." 12 As individualism creeps into
the new order, it disposes the community member to form a little
circle of his own with his family and friends and leave the rest of
society to
is
none
Social conditions being
itself.
to
whom
anything. It
is
to
owe
more or
anything, none from
less equal, there
whom
to expect
as though he stood alone, as though his
destiny were in his
own
whole
hands.
Thus not only does democracy make every man forget his ancestors,
but it hides his descendants, and separates his contemporaries from
him; it throws him back for ever upon himself alone, and threatens
in the end to confine him entirely within the solitude of his own
heart. 13
IF
DEMOCRACY
Tocqueville
glasses.
He
is
IS
TO BE MADE SAFE
not looking at democracy through rose-colored
perceives grave dangers. But his apprehensions do not
preclude hope and he grants that
safe.
How? The
the second
is
first
it is
key to success
possible to
is
make democracy
man's passion for
liberty,
religion.
Although, for a moment, the saddening and chilling sight of
worked by democracy tempts Tocqueville
no means
suggests a return to aristocratic society. The democratic revolution has been willed by God. It marks a progress in man's history
the universal uniformity
to
mourn
the state of society that has ceased to be, he by
and condition.
We may
naturally believe that
it is
sight of the Creator
11 Ibid.,
i 2 Ibid.
Book
II,
not the singular prosperity of the
which is most pleasing in the
and Preserver of men. What appears to me to be
few, but the greater well-being of
all,
chap. 2.
13 ibid.
V. Modern Times
314]
is to His eye advancement; what afflicts me is acceptHim. A state of equality is perhaps less elevated, but it is more
and its justice constitutes its greatness and its beauty. 14
man's decline,
able to
just;
constant sharp eye
is
necessary
if
is
to lead not to servitude but to freedom.
is
to secure
and maintain a
the sovereignty of the people provided
An
task
free government. Tocqueville accepts
thermore, he would moderate
stitutions.
the principle of equality
The most important
it
independent press, local
traditions, the legal profession
not unbounded. Furby a web of free in-
it is
carefully
liberties, free associations,
many
these should act like so
all
concealed breakwaters checking the passions of the multitude,
stemming the
tide of
popular opinion. The Americans "have com-
men
bated by free institutions the tendency of equality to keep
asunder, and they have subdued
on
local liberties.
15
it."
Tocqueville
insists chiefly
For him decentralized administration
is
a very
powerful deterrent to the excesses of democracy and the encroach-
ments of the
state.
He
is
for centralized government, that
is,
for the
concentration in one place or in the same persons of the legislative
power
in matters of national interest
relations;
but he
is
and in the conduct of foreign
against centralized administration, that
against the concentration, likewise in one place or in the
persons, of the direction of local interests.
He
is
is,
same
enthusiastic in his
New
England townships and in his approval of the American system, whereby political life is infused
into each portion of the territory "in order to multiply to an inpraise of the spirit of the
finite
extent opportunities of acting in concert, for
bers of the
community and
mutual dependence."
to individualism:
them
16
local
make them
it
men
makes them
all
the
mem-
constantly feel their
decentralized system
freedom brings
one another;
to help
to
is
a strong barrier
together and forces
realize that they are
parts of a whole.
It is difficult to
draw a man out of
his
own
circle to interest
him
in
the destiny of the state, because he does not clearly understand what
influence the destiny of the state can have
be proposed to
make
glance that there
" Ibid.,
15 ibid.,
ie Ibid.
is
upon
his
own
lot.
But
if it
a road cross the end of his estate, he will see at a
a connection between this small public affair and
Book IV, chap. 8.
Book II, chap. 4.
Tocqueville XXIII.
greatest private affairs;
his
shown
to him, the close tie
Tocqueville did not find
it
[315
and he will discover, without
which unites private to general
its
being
interest. 17
unusual to see Americans make gener-
ous sacrifices for the public good, and he attributes
this selfless-
ness to the free institutions of the townships and to their political
rights.
he
that
These have a thousand ways of reminding every
Second
means
to local liberties as
racy, Tocqueville sees
Among
citizen
fives in society.
its
for the salvation of
free associations, both civil
and
democ-
political.
democratic nations ...
feeble; they
all the citizens are independent and
can do hardly anything by themselves, and none of them
can oblige his fellow
men
him
to lend
their assistance.
They
all,
there-
do not learn voluntarily to
democratic countries had no right and
fore, fall into a state of incapacity, if they
help each other. If
men
living in
no inclination to associate for political purposes, their independence
would be in great jeopardy; but they might long preserve their wealth
and their cultivation: whereas if they never acquired the habit of
forming associations in ordinary life, civilization itself would be endangered. A people among which individuals should lose the power of
achieving great things single-handed, without acquiring the means of
producing them by united exertions, would soon relapse into barbarism. 18
Hence Tocqueville's emphatic
tries
assertion that in democratic coun-
the science of association
progress everything else
the mother science, to
is
whose
is tied.
Other powerful counterpoises to the democratic element are
and the administration of justice. The mem-
the profession of law
by their training, developed
and order, a taste for formalities, and
reasoning. These characteristics eminently
bers of the legal profession have,
certain habits of regularity
a regard for logical
them to counteract the evils inherent in popular government. Tocqueville saw this sobering force at work in the United
qualify
States.
When
the American people is intoxicated by passion, or carried away
by the impetuosity of its ideas, it is checked and stopped by the almost invisible influence of its legal counsellors, who secretly oppose
their aristocratic propensities to
17 Ibid.
its
democratic
instincts, their super-
18 Ibid., chap. 5.
V. Modern Times
316]
attachment to what
stitious
narrow views
tion to
its
its
love of novelty, their
their habitual procrastina-
exercise their restraining
action in various ways.
its
immense
designs,
ardent impatience. 19
The lawyers
Firstly,
antique to
is
and
to
through the courts.
Empowered
to declare laws
uncon-
American magistrates hold the people to consistleast obliging them to obey their own enactments.
stitutional, the
ency by at
Secondly, through their public
offices.
In the legislative assemblies
as well as in the administrative departments
make
their influence felt in
and agencies, they
both the formulation and the execution
of the law.
In his treatment of the administration of justice, Tocqueville
lauds the institution of the jury, whereby a certain
citizens are selected
The
and temporarily vested with the
number
of
right to judge.
jury
upon the national characcommunicate the spirit of the judges to the minds
of all the citizens; and this spirit, with the habits which attend it, is
the soundest preparation for free institutions. It imbues all classes
with a respect for the thing judged, and with the notion of right. 20
cannot
ter.
...
fail to
It
exercise a powerful influence
serves to
As bulwarks
against the possible evils of democracy, religion
goes hand in hand with liberty. Tocqueville tersely states that the
two stand or fall together. "I am inclined to think, that if faith be
wanting in man, he must serve; and if he be free, he must believe." 21 He finds this true in every age, under every form of government. He finds it more obviously true in ages and countries
where equality of conditions prevails. Democracy tends to isolate
man, to concentrate his attention on himself, to breed in him an
excessive love for material gratification. Religion inspires other
and desires. It lifts man's soul far above the treasures
and the regions of the senses. It makes man socially
conscious and responsible, thus drawing him away, at times at
least, from the moorings of his solitary and sterile individualism.
Moreover, religion gives man a fixed point amid the constantly
moving pageant of human affairs and the swirling current of huprinciples
of the earth
19 Ibid., Part
I,
chap. 16.
20 ibid.
2i Ibid., Part
H, Book
I,
chap. 5.
Tocqueville XXIII.
man
opinions.
The immutability
ceaseless agitation
[317
of religion compensates for the
and the frequent
order. Again, religion greatly helps
shifts in the political
man
resist the
and
social
tyranny of the
majority: for even to the largest majority no deference
is
to
be paid
whenever conscience or faith rules otherwise.
For Tocqueville, America was eloquent proof of the beneficial
influence of religion on democracy. In the United States he did not
see the unnatural and absurd conflict that certain partisans of
liberty had tried to foster against religion in Europe. He even saw
signs that pointed specifically to the
the
most powerful
ally of liberty
Roman
Catholic religion as
and democracy.
America is the most democratic country in the world, and it is at the
the country in which the Roman Catholic religion makes
same time.
most progress.
The men of our days are naturally little disposed to
believe; but, as soon as they have any religion, they immediately find
in themselves a latent propensity which urges them unconsciously
toward Catholicism. Many of the doctrines and practices of the
Romish Church astonish them; but they feel a secret admiration for its
discipline, and its great unity attracts them. ... I am inclined to
believe that
our posterity will tend more and more to a single
division into two parts
some relinquishing Christianity entirely, and
others returning to the bosom of the Church of Rome. 22
.
22 Ibid., chap. 6. This
is one of the numerous "prophetic" passages in
America. It would be interesting to list others and show how
many have been vindicated by events. Among these are: (1) the determination of the factors (particularly America's emergence as a world power)
that were to bring the president of the United States to the exercise of
"almost royal prerogatives"; (2) America's "imperialist" war against
Mexico, and Mexico's status as a small nation for a long time to come;
Democracy
in
(3) the prevalence and characteristics of the two-party system in the
United States; (4) the inevitable growth of the American republic both
and numerically; (5) the reference to the United States and
Russia as the two nations of the world "each marked out by the will of
territorially
Heaven
to
sway the
destinies of half the globe,"
and to the conditions
under which each was to rise to its present-day dominance; (6) the rise of
an aristocracy of manufacturers or "class of masters," the harshest that
ever existed, unless strong measures would be taken (such as a gradual
wage increase) to make the interests of the working class prevail. Of his
predictions that were not realized, two may be cited. ( 1 ) Tocqueville said
that the Indians would never become civilized and that eventually they
would be exterminated by the Whites. There are probably more Indians
in the United States today than in Tocqueville's time, many of them successful and respected. (2) Tocqueville foresaw a war to death between the
V. Modern Times
318]
Tocqueville saw in America the proper climate for the spread
religion in the democratic state. First, religion
and usefulness of
and
exercises self-restraint
and
affairs
its
ministers take
no part
in worldly
political animosities.
is a distinct sphere, in which the priest is soverwhich he takes care never to go. Within its limits he
is the master of the mind; beyond them, he leaves men to themselves,
and surrenders them to the independence and instability, which belong to their nature and their age. 23
In America religion
eign, but out of
Second, religion and
its
uncompromisingly holdembodied
are not too minute, formalistic, and perministers, while
ing and guarding the essentials, that
in the articles of faith,
is,
the eternal truths
emptory about nonessentials. Third, the ministers of
a
warm
interest in their contemporaries,
mary and
struggles
religion take
never allowing the pri-
eternal objects to make them oblivious of the day-to-day
and problems and successes of the common man.
man's freedom and responsibility
In
its
passion for liberty and in
its
religious beliefs, then,
man-
kind has the means for steering clear of the dangers of democracy.
of that
sedulous vigilance
new
being crushed by
main
his
free. //
own
is
the price for the successful building
society wherein everyone will enjoy equality without
it.
If
they will
they will
it
it,
men can
for man's destiny
be equal and yet reis
to a large extent in
hands. Tocqueville rejects as false and cowardly the
theory that
man
is
an animal driven by
necessity, a slave of his
environment, hopelessly bound by inexorable physical forces and
blind historical laws. Nothing could be farther from his philosophy
than the doctrine of his friend, Count de Gobineau,
Essay on the Inequality of the
Human
who
in his
Races (1854) advanced
Negroes and the Whites in the South. The Civil War (1861-1865) came,
but no Negro uprising took place. On the contrary, relations between the
two races have improved and the easing of tensions, though gradual, continues. In reality, Democracy in America is a monumental and timeless
work not so much because of its author's good guesses but because of his
remarkable perception of the permanent and universal principles underlying the ideas and the workings of democracy.
23 Ibid., chap. 5.
Tocqueville XXIII.
[319
an early theory of Nordic racial superiority and advocated a most
radical racial determinism.
America beautifully
and responsibility:
The
closing lines of
Democracy
in
reaffirm Tocqueville's faith in man's freedom
true that around every man a fatal circle is traced, beyond which
he cannot pass; but within the wide verge of that circle he is powerful and free; as it is with man, so with communities. The nations of
It is
our time cannot prevent the conditions of men from becoming equal,
but it depends upon themselves whether the principle of equality is
to lead them to servitude or freedom, to knowledge or barbarism, to
prosperity or wretchedness. 24
SELECTED BIBLIOGRAPHY
Tocqueville, A. de. Democracy in America. Trans, by H. Reeve,
revised by F. Bowen, and further corrected by P. Bradley. New
York: Knopf, 1948.
Democracy in America. Ed. by R. D. Heffner. New
York: New American Library, 1956.
Journey to America. Ed. by J. P. Mayer. New Haven:
Yale University Press, 1959.
The Old Regime and the French Revolution. Trans, by
S. Gilbert. New York: Doubleday Anchor Books, 1955.
.
Gargan, E. T. Alexis de Tocqueville, The
Critical
Years, 1848-
1851. Washington: Catholic University of America Press, 1955.
Mayer, J. P. Prophet of the Mass Age: A Study of Alexis de Tocqueville. Trans,
Pierson, G.
W.
by Bozman and Hahn. London: Dent, 1939.
Beaumont in America. New York:
Tocqueville and
Oxford University Press, 1938.
Schlaerth, W. J. (ed.). A Symposium on A. de Tocqueville's
"Democracy in America." New York: Fordham University
Press, 1945.
Mary Lawlor, S.N.D. Alexis de Tocqueville in the Chamber
of Deputies. Washington: Catholic University of America Press,
1959.
Sister
24 ibid.,
Book
IV, chap.
8.
CHAPTER XXIV
Man
LIFE
KARL HEINRICH MARX was born May
5,
1818, in Trier,
an ancient town in the German Rhineland under French
rule during the Napoleonic regime but part of the Prussian kingdom after the Vienna settlement of 1815. Marx's ancestry on both
the paternal and the maternal side included generations of rabbis
and Talmudic scholars. From them Marx inherited a Messianic
spirit,
a tendency to read the future, and a passion for subtle dis-
But he received none of
none of
remained
his secret tragedy. He looked upon it as a personal stigma. In an
effort to explain away the Jewish problem, he once remarked
that the Jews were a purely economic unit reduced to usury and
putation.
their love for Judaism,
their attachment to his people. In fact, his origin ever
other unpleasant professions by the hostility that surrounded them.
The emancipation
of society,
Marx
continued, would emancipate
the Jews and end the Jewish problem. 1 Several times he could not
refrain
toward
from anti-Semitic outbursts and, on the whole, his attitude
his people and their institutions was one of aloofness if
not of aversion.
1 These ideas
were expounded by Marx in an essay on the Jewish
Question written early in 1844 for the Deutsch-franzosische Jahrbiicher, a
periodical published in Paris by Ruge (editor) and Marx (associate editor).
Only two numbers of
this journal
appeared.
Marx XXIV.
[321
When
Karl was six, his father, a lawyer and a disciple of Voland Diderot, had the entire family baptized in the Protestant
church. It was a step dictated more by social expediency than
inner conviction. Some years before he had changed his name
from Herschel Levi to Heinrich Marx.
The young Marx attended the Trier schools until he entered
taire
Bonn
the University of
age of seventeen.
at the
year later
(1836) he transferred to the University of Berlin, where he soon
gave up the study of law for philosophy. Though he completed
all his courses there, he received his doctorate at Jena in 1841.
His thesis on the "Differences between the Natural Philosophy of
Democritus and That of Epicurus" highly praises the latter and
presents Prometheus as humanity's hero for his open defiance of
the gods. Better to be chained to a rock and eaten by vultures
than be a
meek servant of Zeus
The motto affixed
dissertation.
the Aeschylean tragedy: "I hate
from
Marx's
life
and
seems the general idea of the
from Prometheus' words in
it is
all
This hatred of the divinity
sistent point in
this
to
the gods."
the most fundamental and con-
is
theories.
As
far as
can be gathered
were doubts, vacillations,
changes on all other questions. But from beginning to end Marx
was against all religions, against all gods, against God. The significance of this fact must not be underestimated.
While at the university Marx fell under the spell of Hegel's
the
He
philosophy.
In the
ian.
records,
available
fast
became wholly Hegelian, but a
German
Hegelian schools:
there
universities
the
of the
conservative
leftist
Hegel-
time there were two
school,
holding state
and
church in great respect, and the young rebel school, which used
Hegel's principles to fight state absolutism and to advocate freedom
from
religion,
especially
from
Christianity.
Marx, with Bruno
Bauer, Moses Hess, and Arnold Ruge, sided with the radical
school.
Before long, his virulent, antireligious
articles so
angered the
Prussian government that he was barred from an intended teaching career.
came
Marx
turned to journalism. In the
fall
of
1842 he be-
editor of the Rheinische Zeitung, but his atheism led to the
paper's suppression. In
mosphere
November 1843,
finding the Prussian at-
and asphyxiating," Marx emigrated to France with his wife Jenny, whom he had married that
same year. She was the daughter of a good friend of his family,
"really too intolerable
V. Modern Times
322]
and Marx had
Baron Ludwig von Westphalen, a Prussian
official,
loved her since his school days in Trier.
She proved a
wife, remaining constantly
and
faithful
affectionately at his side until her
death in 1881. Together they endured
exile, poverty, persecution.
Together they mourned the premature death of several of their
children. 2
Parisian years (1843-1845) were the most decisive for
The
the development of Marx's thought. It
shedding forever the
method
in Paris that
he be-
Marx met
man who was
idealism while retaining the dialectic
latter's
as the basis for his
Paris too that
the
was
a communist. There he changed his attitude toward Hegel,
came
own
historical materialism. It
for a second time (end of August,
to be his devoted friend
was in
1844)
and genial collaborator
Friedrich Engels (1820-1895), a fellow Rhinelander, the son of
a rich cotton manufacturer in Barmen, Germany, and Manchester,
From the day of their Paris meeting the two were inMarx relied on Engels as his best disciple and interEngels admired Marx and encouraged him in every
England.
separable.
preter.
imaginable
way
ghostwriting for him,
wealth with him, defending him against
sharing his
all
capitalistic
adversaries during his
life and after his death. For Engels, Marx was a prophet,
an inspired leader, the greatest man ever born. For Marx, Engels
was a staunch supporter on whom he could rely in every con-
stormy
tingency, his "chief of staff," capable of perfectly understanding
his
message and of
At
faithfully
implementing his plan of action.
Marx was expelled from Paris. With
and year-old daughter he went to Brussels. In Belgium
the beginning of 1845
his wife
he established contact with the various German Communist
Workers' organizations and with Belgian socialists and radicals,
and engaged in extensive correspondence with members of similar
associations in other countries.
In November 1847, the London center of the Communist
League asked him
to prepare a "confession of faith," a
communist
catechism formulating clearly the principles and aims of what
was then a
2
One
little
known and
small communist association.
Marx
of their children was born dead; three died young in London:
Guido and Franziska
in infancy;
Edgar
at the age of eight;
Jenny Longuet,
the oldest daughter, died suddenly in Paris in 1883 (before Marx's death);
Eleanor Aveling and Laura Laf argue committed suicide in 1898 and 1912
respectively.
Marx XXIV.
[323
undertook the
enthusiastically
He
task.
drafted the
document
collaboration with Engels and, in early 1848, delivered
who had
requested
it.
In February of that year the
Manijesto was published
it
in
to those
Communist
a small pamphlet, bound in green, with
Manifest der Kommunisten.
As soon
as the
book appeared,
the
title
its
author and his family were expelled from Belgian territory.
Marx reached
Paris the day after the outbreak of the February
Revolution. Cutting short their stay, he and Engels returned to
Germany to edit a new daily paper, the Neue rheinische Zeitung.
Its first number was published in Cologne on June 1, 1848; its
last, set up entirely in red type {die rote Nummer), on May 19,
1849.
During those fateful months, when Europe was ablaze and
was the order of the day in most capitals, Marx went
all the way in everywhere supporting the rebels, denouncing the
Prussian government, and demanding immediate war with Russia.
His articles and his collaborators' were consistently violent and
inflammatory. Finally Marx was arrested for incitement to sedition.
Tried before a Cologne jury, he was acquitted but ordered to
leave the Rhineland. Back in Paris, he was immediately asked by
the French government to retire to Brittany or quit France. Marx
thereupon left for London, where he arrived August 24, 1849.
For several long years Marx's life in London was marred by
destitution and obscurity. At times he had to pawn his wife's
family silver and even his own clothes. There were creditors after
him constantly. He moved from one squalid apartment to another.
When one of his daughters died, he had to borrow two pounds
sterling from a fellow refugee for the coffin. Once the situation berevolution
came
so desperate that he,
who had
always refused to become a
bourgeois "money-making machine," applied for a job as booking clerk with a railroad
down because
company. The application was turned
of his illegible handwriting.
Marx
never tired of
turning to Engels for financial help, and Engels tried never to
fail his
unfortunate friend. For about ten years Engels wrote some
of the articles
Marx
contributed to the
New York
Daily Tribune
and for which he received one pound
sterling per article. Finally
Engels sold his part of the family business and made Marx the
beneficiary of a
permanent annuity that made
it
possible for
him
to live his last years in sufficient comfort.
In 1864 the "International Working Men's Association" (the
V. Modern Times
324]
First International)
year-old
Marx
was formed. Upon
joined
its
invitation, the forty-six-
General Council, wrote
its statutes,
com-
posed the inaugural address. Soon, while the International was
growing rapidly, he became its sole leader. But in 1871 his public
stand in favor of the terrorist activities of the Paris
Commune
shocked and alienated many members
bitterly opposed Bakunin, a fellow member, refused to compromise with him, and finally had him expelled. 3 These and other
manifestations of Marx's ruthless and dictatorial leadership led to
the dissolution of the First International. Its last meeting was
of the International. Later
Marx
held in Philadelphia in 1876 but from the practical standpoint
had died much
it
earlier.
Marx continued to study and write inces1852 he published The Eighteenth Brumaire of Louis
Napoleon, in 1859 the Critique of Political Economy, and in 1875
Critique of the Gotha Programme. The first volume of his most
remarkable economic treatise, Das Kapital, was published in 1867
and soon translated into French, English, Russian, and Italian.
Volume II and Volume III (completed by Engels) appeared
posthumously in 1885 and 1894.
In 1881 Marx's wife Jenny died of cancer. Marx himself lived
only another two years. In 1882, at the suggestion of his doctors,
he went to Algiers and then to the French Riviera. He returned
to London still unwell, more restive, irritable, and tired. Death
came to him March 14, 1883, while he was asleep in an armchair
in his study. He was sixty-four years old. At the burial in Highgate
Cemetery only a few relatives and friends were present. Engels
In the meantime,
santly. In
delivered the funeral address.
MATERIALISM
Marxism is, first of all, a materialistic philosophy. Its fundamental idea is the primacy of matter. Ultimately, for Marx, only
matter counts. As God is the center-principle, the supreme reality
in Christian doctrine, so, in Marx's theory, matter is the first and
only real principle. Matter, however,
3
is
not
static.
Fluent and
Appalled by Marx's despotic methods, a disillusioned Bakunin (18141876) cried out on that occasion: "I hate Communism. ... It is the negation of liberty!"
Marx XXIV.
dynamic,
it
[325
moves, evolves, and progresses continuously. Move-
ment, Engels says,
is
matter's
mode
of existence.
Marx
accepts the
Darwinian theory of biological evolution and then applies it to the
history of man and society. The movement of matter takes place
in two ways. There is a gradual and uniform progress, causes and
Or
effects following in regular succession as links in a chain.
is
there
a sudden, cataclysmic break, a sort of jump at the climax of the
which effects not only quantitative but also/
Marx's view of the movement of matter as a/
continuous transformation toward an indefinite betterment differA
entiates his philosophy and the crude materialism of the eighteenth
century. Marx's matter is vitalized by an intrinsic energy that
makes possible the appearance of rationality and the growth of
ideas in man. His materialism, strangely reminiscent of primitive
man's animistic beliefs, is consistent with a belief in the spirit; but
transitional point,
qualitative changes.
that spirit
is
nothing other than a product of matter or, rather, a
higher phase in the evolution and transformation of matter
itself.
DIALECTICAL MATERIALISM
In further explaining the
movement of matter, Marx introduces
new element, a cosmic law. The
into his materialistic philosophy a
essence of matter, and of
Matter has in
itself its
life
own
tout-court ,_is_a_perenn
al
confl ict
contradiction. Matter inevitably pro-
and a struggle of opposites. A.
gresses thrcmghjyDerpetual tension
material state or condition that a preceding conflict has
dominant (thesis)
is
patible material force (antithesis).
The
the destruction of both rival forces
(synthesis),
which
is
made
immediately threatened by another incomclash of the
and the
two
results in
rise of a third force
by its own
and decomposi-
in turn automatically confronted
negation, and so on, in a continuous composition
the inexorable law that governs the
tion of colliding forces. This
is
progress of matter. This
the meaning of "dialectical material-
is
The framework of this aspect of Marx's system is obviously
an adaptation of Hegel's dialectical doctrine. What Hegel says
concerning the manner in which the idea evolves Marx applies to
ism."
Marx admitted the Hegelian foundation of this approach.
In the preface to the second edition of Das Kapital, he describes
matter.
his
view as "Hegel's dialectic turned upside down."
V. Modern Times
326]
HISTORICAL MATERIALISM
In applying his dialectical materialism to history,
human
Marx
begins
and natural developments, is governed by obje ctive, inflexible laws. There is nothing
accidental in history. Whatever happ ens hqs_to_happen and could
not happen otherwise. Furthermore, all these laws, although independent of human will, can be gradually discovered. Thus the
study of history becomes an exact science of successive actions and
reactions. Men are able to penetrate the secret reasons of its work-
by
stating that
ing. Eventually,
history, like nature
having mastered the historical necessity, they will
be in a position to foresee the future and achieve perfect freedom. 4
The law s
ditions^pf
of histo ry are based exclusively
on the material con-
)^^^^^~^^ ^^rr^aQ--tQOfi^vmc~i?LCtOT.
:
to Engels, this proposition
According
forms the nucleus of the Manijesto:
mode of economic producand exchange, and the social organization necessarily following
from it, form the basis upon which is built up, and from which alone
can be explained the political and intellectual history of that epoch. 5
In every historical epoch, the prevailing
tion
The economic
factor or, rather, the productive forces in themselves'
complex interplay provide the only clue to the means
ing of history, the history of ideas and ideologies included. Marx
does not deny man's ability to think, to calculate, to plan. He even
admits a sort of "spiritual life" in man but he is quick to qualify
it as secondary to and derivative of the material. Man's thoughts
and plans and inventions are but the necessary product of economic development; economic conditions are the causes of all the
ideas and ideal motivations the human mind and conscience have
ever known. Engels again, in his funeral oration on Marx, em-
and
in their
phasized the point:
He
all
[Marx] discovered the single fact
that mankind must first of
and drink, have shelter and clothing, before it can pursue
.
eat
4
For Marx (and for Engels) freedom does not
consist in the
power of
self-determination and voluntary choice in view of this or that motive.
consists
It
a correct understanding of the inexorable social laws, in a
grasping of the true facts of the historical situation, and in a conscious
adaptation of one's life and actions to them. This is a concept of freedom
in
some respects to that of Hegel and that of Spinoza.
The Communist Manifesto, Engels' Preface to the English Edition of
similar in
5
1888
(New York:
Appleton-Century-Crofts, 1955),
p.
5.
Marx XXIV.
[327
and that therefore the production
means of subsistence and consequently the
politics, science, religion, art, etc.;
of the immediate material
degree of economic development attained by a given people or during
a given epoch, form the foundation upon which the State institutions,
the legal conceptions, the art and even the religious ideas of the people
concerned have been evolved, and in the light of which these things
must therefore be explained, instead of vice versa. 6
As a further consequence of this view, nothing is immutable.
no stable
There__aj^_j]r^tern^
institutions. As soon as the mode of production changes, principles, ideasJ_and_institutions change. And change they must, conby the all-powerful driving force of history,
formation
of ideas out of material practice." 7
"the
explains
which
ditioned as they are
Hence
by each
the creation,
principles
historical period,
of
its
peculiar
and laws of evaluation.
THE CLASS STRUGGLE
In his application of dialectical materialism to history,
asserts that
Marx
man's social evolution (the passage from one mode of
production to another) dqes_jiQl-always- occur- through, gradual,
almost^ imperceptible progress. There are
changes take place throughcreative revolution.
Then
of rival social forces
the very
medium
in
is
moments
in history
when
sharpJbreak with tradition, through a
the violence that accompanies the clash
so intense as to effect a transformation in
which
it
occurs. Dialectical materialism, defy-
ing the principle of contradiction, considers matter as containing
its
own
flict
negation, as perennially conflicting, as resolving each con-
only to conflict again. Historical-materiali s
struggle at the very heart of the conflict.
The
c lass
m
is
pl a ces-class
for
M arx the
a group
naturafgroup, _and_ by class he means a social fact
of
who find inermelv*-4n-4he-^ame-rrrateTial
conditions and share a com mon e^pjioniic--status-m:-tlrat society.
Each group, "each class, is engaged in a common struggle against
another class. Men7 as individuals, may show or take no interest
in the struggle. Not so the social groups, the classes, who are
individuals in society
\
6 Engels' Funeral Oration, in Karl Marx: Selected Works (London:
Lawrence and Wishart, 1942), Vol. I, p. 16.
7 Marx, The German Ideology, cited in E. Rogers,
A Christian Commentary on Communism (New York: Praeger, 1952), p. 85.
V.
328]
Modem
Times
and death. Their destiny, the very
one another until both perish and
historical development reaches a new, more advanced stage. So
much so that a group of individuals forms a class only when enfaced with the problem of
essence of their being,
gaged in such a
The
is
life
to fight
struggle.
heavy accompaniment of hatreds,
and revolutions, Marx continues, is a natural, inhealthy phenomenon. It is to be welcomed, encouraged,
for the conflict of one class with another is the only way
class struggle, with its
^stabilities,
evitable,
fostered,
At length, the antagonism bewUTtal^aTasrform. When this too will have dis-
to pragressjand final deliverance.
tween classes
appeared, the c onfhc TwilLlilceMs_e.disappear.
from their slavery to one another.
and live happTTy'ever after.
Men
Men will be liberated
will at last taste
freedom
THE FIVE AGES OF HUMAN HISTORY
Marx found
proof in history for the validity of his system. Ac-
cording to him, his theory of materialistic, dialectical, historical
becoming is clearly vindicated by the various phases through
which man has passed since his appearance on earth. These principal phases or ages have all been conditioned by the economic
factor. In each of them, social institutions, moral beliefs, and
ideologies (the superstructures, as he calls them) have been the
product of the mode of production and economic conditions of
that particular age. Each historical phase has been cut from the
preceding by a violent revolution.
(1) The first human age was that of pjirnitiy__communism.
Men, just born of beasts, were preoccupied solely with the problem
of survival. Equality, freedom, collective ownership, and communal work characterized their mode of life.
(2) The second age was that of ancient society, founded on
th e master-sl ayejrelation. With the introduction of agriculture,
cattle breeding, trades, and the division of labor, private property
appeared.
minority, in possession of the means of production
(such as iron axes and plows), was able to control the majority.
The
class
struggle began.
On
one side there were the few
wealthy, free, owners, masters; on the other, the
nothing, subjects, slaves.
possessing
many
(3) The third age was that of feudal society, a result of the
Marx XXIV.
[329
progressive improvement of the
in turn for a certain
incentive of a
minimum
the lord-serf relation.
Still
era
is
The
fourth age
of production that called
of initiative in the laborer
The new
of profit.
mercy of a minority (the
(4)
means
and the
was based on
the majority (the exploited) was at the
amount
society
exploiters).
the present
is
that of capitalism. This
the result of the passage from artisan to mechanized and
replaced by the worker, the
by the capitalist. Again, the few own
the means of production. The many, though no longer bound to a
lord, are still deprived of the means of production and, so as not
to die of hunger, must sell their labor, thus subjecting themselves
industrial production.
The
serf is
proletarian; the feudal lord,
to exploitation.
(5) The fifth age, that of communist society, is the one that
must inevitably come. In fact, men are already witnessing the fateful passage from the capitalist system to the socialist and com-
Marx
has several things to say about
era, in
both the Communist Manifesto
munist structure of society.
this transition
and the new
and Das Kapital.
SURPLUS VALUE
According to Marx, the
two
social groupings
that
conflict
between the two classes (the
embody
the dialectical contradiction
today) stems essentially from an intolerable fault inherent in the
capitalist
system
the cr eation of_surplvjs=yalue. In Marx's theory
th e co mmercial value (the price)
commodity is the average amount of human labor
(preponderantly manual labor) directly or indirectly expended in
its production. Labor becomes the source- and the measure of
value, the pver-alLif-BQ^the-4one fautui in Ihe-^production and
evaluation of wealth. It follows that wealth, produced by labor,
ought to go to thejaborers. But in capitalist-society this_i& not so.
The worker is obliged to sell his capacity for work, his laborpower. For this commodity he receives a subsistence wage, a price,
proportional to the amount of labor, barely sufficient to keep him
alive, healthy, and efficient. At the same time the worker produces
of labor, the sole constituent- o f
of an object or
commodities of a value far in excess of his v/age. This difference,
worker has added to the total wealth
this definite residue that the
of society, this "surplus-value" as
Marx
calls
it, is
pocketed by his
V. Modern Times
330]
employer. This
capitalist
ism
the exploitation, the robbery, to which the
is
system sacrifices the worker. This
intrinsically
wrong, for
very end
its
is
is
what makes
capital-
the production of sur-
plus-value. Surpluszvalue^-whai__prpduces "capital," for productionj3fjmlu^ry.alue4s-4he-absel^
of production.
In mis ronststs^he-^ilrof^he-fH^i^
capitalism.
Capitalist production
is
is
not merely the production of commodities,
essentially the production of surplus-value.
no longer suffices, therefore, that he
produce surplus-value. ... To be a
not a piece of luck, but a misfortune. 8
not for himself, but for capital.
should simply produce.
productive labourer
is
it
The labourer produces,
It
He must
PRIVATE PROPERTY AND THE BOURGEOIS STATE
Private pro perty and the bourgeois state are the natural allies
and su pporters of the capitalisTsystem. Both make it possible for
the owners of the means of production to steal, to keep the stolen
goods^tp_continue steajin^r^llaTjoYalionwTfrrfhem
sible
nor desirable. Capitalism
will
is
neither pos-
be destroyed only when private
property gives place to collective ownership of the means of
production^ anoTThe~^r5oTrrgeoTs~~state~to arnew" social order. At
length, this
is
what will happen Marx never doubts
on the wall of history.
it;
he already
sees the writing
THE SOCIAL REVOLUTION
How will it happen? Through a violent revolution. The dynamics of capitalism are such that it tends of necessity constantly
more and more of it, to concenand fewer hands. This is what Marx calls "the law
of centralization of c apital," a law that inexorably demands "con-
to increase capital, to accumulate
trate
it
in fewer
centration_of_capitals already formed, destruct ion. _of. their in-
d ividual
mdependence^-expropriation
transformation of
more,
this
many
of ca pitalist
by
small into Jew large capitals."
law of -centralization
will
capitalist,
9
Further-
bring unemployment;
unem-
Along with the constantly diminishing number of the magnates of
capital, who usurp and monopolise all advantages of this process of
8
Marx, Capital (New York: The Modern Library, 1906),
*Ibid., p. 686.
p. 558.
Marx XXIV.
[331
transformation, grows the mass of misery, oppression, slavery, degradation, exploitation;
but with this too grows the revolt of the working-
a class always increasing in numbers, and disciplined, united,
class,
organised by the very mechanism of the process of capitalist pro-
duction itself. The monopoly of capital becomes a fetter upon the
method of production, which has sprung up and flourished along with,
and under it. Centralisation of the means of production and socialisation of labour at last reach a point where they become incompatible
with their capitalist integument. This integument
The
knell of capitalist private property sounds.
is
burst asunder.
The expropriators
are
expropriated. 10
THE COMMUNIST PARTY
The
s ocial
revolution
is
ine vitable. It will
come
as the irrever-
consequence of historical laws, which operate independently
of human will. The clock of time cannot be stopped or put back.
sible
It will strike
tion
true
the fatal hour sooner or later. However, the revolu-
may be
by making th e masses consciou s of the
and the ir destiny, by rip pinj[_off^the mask of
accelerated
situation
bourgeois respectability, by organizing and readying the proletarian
forces for the ultimate crisis. This
is
the task assigned the
~
mumstpartyJThe communists
point out and bring to the front the
com-
'
common
interests of the entire
proletariat, independently of all nationality; [and] in the various stages
of development which the struggle of the working class against the
bourgeoisie has to pass through, they always and everywhere represent the interests of the
fore, are
movement
on the one hand,
The Communists, theremost advanced and resolute
as a whole.
practically, the
section of the working-class parties of every country, that section
which pushes forward all others; on the other hand, theoretically, they
have over the great mass of the proletariat the advantage of clearly
understanding the line of march, the conditions, and the ultimate
general results of the proletarian movement. 11
THE DICTATORSHIP OF THE PROLETARIAT
Be tween
the overthrow
olJx)ili-ihe- capitalist system and the
bourgejojLSL-Siate-and-^he-rise of the
10 Ibid.,
pp. 836, 837.
11
The Communist Manifesto,
p. 23.
new
society,
Marx
allows for
V. Modern Times
332]
the intprimjujgjrf the proletariat organized into a governing class:
"the dictatorship of the proletariat ." True, the state as an instru-
ment
of exploitation will have ceased as a result of the social
revolution; but then a
new form
functions will have been set up.
contro l, will dictate
its
of state with highly intensified
Through
it
will to the minority,
the
maj ority, then
break forever
all
in
the
sTiperatrnp.tnres prn pp.r to ^thfipast system, empty the heart and
mind of allr-old-attaehments and beliefs, purify the entire world.
The dictato rship of the proletariat is thc-erucible wherein history
and mankind will be renewed.
THE NEW SOCIETY
Finally, this
The
The
state, to
form of
proletarian class will
ness,
and
state too will
have served
its
purpose.
use Engels' significant expression,-^wilLadther_.away."
itself
disappe ar. Together with selfish-
forcejmcTcc^^
lasting^,syj|tTip;k
relations.
The
last
jfae-aew society win p.mp.rgp._in-its indescrib-
No
able bejmtyJ3dtLits_unjma^
longer will legend-
ary angels keep shut the gates of the earthly paradise. In the
new
economy, the principle of distribution will be "from each according to his ability, to each according to his needs." 12 Men will no
longer be governed; things only will be administered. This is the
statelesy classless, communist society "in which the free development of each is the condition for the free development of all." 13
MARXISM AND CHRISTIANITY
The mere exposition of Marx's system demonstrates clearly its
incom patibility with Christ ian principles. It is obvious that in
Marx's doctrine of dialectical and historical materialism
no room for the idea of God; there is no difference between
spirit; between soul and body; there is neither survival of
the soul after death nor any hope in a future life.
Communism,
there
is
matter and
moreover,
dignity,
12
strips
man
and removes
of his liberty, robs
all
personality of
all its
the moral restraints that check the eruption
Marx, Critique of the Gotha Programme, Selected Works, Vol.
p. 566.
13
human
The Communist Manifesto,
p. 32.
II,
Marx XXIV.
[333
of blind impulses. There
is
no recognition of any
right of the in-
dividual in his relations to the collectivity; no natural right
to
human
system.
personality,
.
Nor
is
which
is
mere cog-wheel
in the
is
accorded
Communist
the individual granted any property rights over
material goods or the
means of production.
Christian needs no further refutation of MarxHaving grasped its basic tenets, which is to say, its basic
fallacies and weaknesses, only one conclusion is in order: "Communism is intrinsically wrong, and no one who would save
Christian civilization may collaborate with it in any undertaking
The well-grounded
ism.
whatsoever."
15
MARXISM AND REASON
Prescinding from
doctrine proves
its
irreconcilability with Christianity,
wrong even when
Marx's
tested against the principles of
sound reasoning. Despite his boasts to the contrary, Marx uses
methods and voices assertions thoroughly unscientific. His view of
history and historical laws is a crude over-simplification of the
complicated framework and interplay of social phenomena. He
patently denies the principle of contradiction, the very foundation
and practical knowledge. He considers one element of history (the economic factor )-4he^ only key to the evaluation and interpretation of all human history, while experience
of true speculative
teaches that
many
ment, and religious
another element (great
me n,
nationalist senti-
example) has at least concurred to
an^equal degree in the shapingjrfni an's p rogress and aviation.
Marx uncomfortably sTSts^round on this very question. Does he
belief, for
believe in the all-embracing, iron law of economics, or does he
and creative determination of
economic factor alone
being merely superstructures; on
believe in the intelligence, free will,
man? On
makes
the one
hand he says
history, all other factors
that the
man has understood the laws of
he is able to dominate and direct the course of history. He
cannot have it both ways. His application of dialectical materialism to history involves a similar incoherence. If the three phases
the other, he states that once
society
14 Pius XI, Encyclical Letter
on Atheistic
D.C.: N.C.W.C., 1937), 9, 10.
15 Ibid., 58.
Communism
(Washington,
V.
334]
if
Times
and synthesis constantly mark the evolution of
of thesis, antithesis,
matter,
Modem
the cosmic law
every synthesis contains
is
a perennial struggle of opposites,
own
its
negation,
how
is
if
possible to
it
reach a stage wherein social conditions will be such as to form a
unique synthesis devoid of its own negation, a synthesis that will
stay static, perfect, changeless, forever?
Even
if
one were to concede
grounds, Marx's final synthesis
one wonders
earthly
society,
how
gullible
the
paradise,
feasibility
its
on philosophical
so childishly Utopian that
still
he believed his followers to be. His
perfectly
involves
necessarily
is
happy,
classless,
and
nature. Against the overwhelming data of experience
chology,
we have
only Marx's
stateless
human
complete revolution in
word
and psy-
that the unattainable will
eventually be attained.
That Marx, a poor reader of past history, equally failed to
is further evidenced by his prediction of the inevitable worsening of workers' conditions under the capitalist
read the future
system.
The
fact
is
that in the highly industrialized countries of
today a marked amelioration of social
ills
has been consistently
if
slowly effected. Capitalism as a tool of oppression and exploita
tion (so justly
condemned by Marx)
has not deteriorated.
extent at least. It
is
It
is
on the wane. Capitalism,
has changed for the better to a notabl
precisely in the industrialized countries tha
the class struggle has practically ceased, while the sporadic soci
revolutions to date, both in the
West and
in the East,
have
arise
out of pre-capitalist systems.
In addition, students of economics deny the validity of the
labor theory of value and surplus-value.
Manual labor
is
not the
predominant factor in modern production. Correctly to explain the
enormous productivity of modern industry and the increase in
capital, one must take into account many other contributing factors
such as personal ability, technical skill and knowledge, as well as
the existence of competition and the relation of supply to demand.
Students of politics also strongly attack Marx's idea of a transitional period
under the dictatorship of the
proletariat.
Marx, they
justly argue, so sensitive to the evils of the concentration of wealth,
is
totally blind to the evils of the concentration of
power. Dictators,
and again, are incapable of voluntary abdication. How, then, will the state wither away?
It may be added, finally, that hatred, which Marx so im-
history has proved again
Marx XXIV.
[335
placably willed and so carefully sowed in the hearts of his follift the world an inch. "Many dark hells have
on hatred, and darker ones may still be built, but para-
lowers, will never
been
built
even earthly, not
dises,
now
or ever."
16
SELECTED BIBLIOGRAPHY
The Communist Manifesto and Other Writings.
Eastman. New York: The Modern Library, 1932.
Marx, K. and F. Engels, The Communist Manifesto (and selections from other writings of Marx). Ed. by S. H. Beer. New
York: Crofts Classics, 1955.
Marx, K.
Capital,
Ed. by
Berlin,
I.
Max
Karl Marx, His Life and Environment.
New
York: Ox-
ford University Press, 1948.
*
Hook,
S.
ton:
The Ambiguous Legacy: Marx and
Van Nostrand Anvil Books, 1955.
.
Towards
the Marxists. Prince-
the Understanding of Karl
Marx. London: V.
Gollancz, 1933.
Hunt, R. N. C. Marxism, Past and
Present.
New
York: Macmillan,
1954.
Schwarzschild, L. The Red Prussian: The Life and Legend of Karl
Marx. London: Hamilton, 1948.
Sheed, F. J. Communism and Man. New York: Sheed and Ward,
1938.
Timasheff, N.
S. "Karl Marx: Communist Manifesto," The Great
Books. Ed. by H. Gardiner. New York: Devin-Adair, 1949.
Vol. I, pp. 104-108.
16
G.
1953), p.
Manacorda, Comunismo
7.
Cattolicesimo
(Milano:
Garzanti,
chapter xxv
The Fabians*
THE FABIAN SOCIETY
THE 1880's, in England, a small group of social reformers
INdubbed
themselves the Fabian Society. The name chosen was
that of the
Roman
The Fabian
who
waited for the
against Hannibal,
though many
general Fabius Cunctator,
moment "when warring
censured his delays; but when
right
the time came, he struck hard."
Society is the oldest socialist society in the world, and
most successful: it has never had a split, and its tenets today
are the same as when it was founded. It was the matrix from
which the British Labor Party was produced, and it still is the
"Brains Trust" of the same Labor Party.
The Fabian Society originated with a small group of persons
who had gathered around a peripatetic Scot, Thomas Davidson
(1840-1900), to study ethics. Born into a peasant family, after a
brilliant career at Aberdeen University, Davidson settled in the
United States, visiting England from time to time. He had been
much influenced by Antonio Rosmini-Serbati (1797-1855), whose
works he had translated into English, and whose life he had written. Davidson founded an association called the Fellowship of the
New Life, which on November 23, 1883, passed the following
resolution: "The members of the Society assert that the competitive system assures the happiness and comfort of the few at the
* An essay written especially for this work by Anne Fremantle.
the
The Fabians XXV.
expense of the suffering of the
reconstituted in such a
and happiness."
On January
manner
[337
many and
that Society
must be
as to secure the general welfare
1884, a majority of the members of the Fel-
4,
New
and to form a society
above aim: the reconstruction of society. This seceding group of a dozen men, calling
itself the Fabian Society, from the first proposed to devote itself
lowship of the
more
Life decided to secede
practically tailored to achieve the
aim by the study of social questions and by spreadWith this in view, the members of
which numbered only 130 in 1889 at the time of the
the Society
studied, gave lectures and published Tracts,
first Annual Report
to achieving
its
ing information about them.
ten in the
first five
years.
With the publication in 1889 of Fabian Essays, lectures deby the seven then most distinguished and active members
of the Fabian Society, Fabian theory became widely known and
the Fabians became politically as well as ideologically important
in England. The "seven" were:
George Bernard Shaw (1856-1950), Irish dramatist and critic.
He was bom in Dublin, of a Protestant family, but migrated to
livered
London
Fabian
at the
tracts,
age of eighteen. In addition to writing
Shaw was
editor of the
many
Fabian Essays
of the
at its first
and again in 1908, 1931 and 1949.
Webb (1859-1947). The first of his many tracts for
the Society was Facts for Socialists. In 1894 he was elected to the
London County Council. That same year he and his wife Beatrice
published their History of Trade Unionism. In 1895 the Webbs
founded the London School of Economics, and in 1913 the New
Statesman. In 1918 Sidney Webb wrote the new constitution for
the Labor Party: Labor and the New Social Order. In 1929 he
was elevated to peerage as Lord Passfield and made Colonial
printing,
Sidney
Secretary.
Graham Wallas (1858-1932), English political scientist. He
was a lecturer at the London School of Economics from 1895 to
1923 and a professor at the University of London from 1914 to
He is the author of Human Nature in Politics (1908).
Sydney Olivier (1859-1943). An English administrator, he
filled with distinction such prominent posts as Governor of
Jamaica and Colonial Secretary. In the 1924 Labor Government
he was made Secretary of State for India.
1923.
V. Modern Times
338]
William Clarke (1852-1901), leader writer for The Spectator,
the oldest English weekly.
Hubert Bland (1856-1914), a journalist.
Annie Besant (1847-1933), nee Wood. She married Reverend Frank Besant in 1867, and accepted theosophism in 1889;
then she went to India and became an ardent Indian nationalist.
FABIAN POLITICAL THEORY
The Fabians had declared themselves
to be socialists as early
were from the outset anti-Marxian. They were
as 1887; they also
the
first critics
tion of history
Marx: they rejected his materialistic interpretaand declared that one could be a socialist even if
of
one had not read a
Marx had been
was
ism, but he
line of Capital: in fact,
Bernard Shaw said
very useful in showing up the wickedness of capitalin
no sense a
socialist.
The Fabians read Marx,
however, and also Owen, 1 Proudhon, 2 and the English economists,
Ricardo, John Stuart Mill, Herbert Spencer, and Bentham.
Fabianism as a doctrine begins with the conviction of the
human person, and a belief that all men and women
have an equal right to live their lives in a manner that seems to
them morally good. The Fabians agree with Bentham in their
value of the
insistence that the state exists for the individual
1
Robert
Owen
and that the main-
(1771-1858), born of poor parents, at the age of
eleven was already at
work
in a textile factory, early
amassed consider-
able wealth, and in 1799, having bought an impoverished mill village at
New
Lanark
in Scotland, transformed
it
into a
model
socialist
community.
In 1825, he established another such settlement in the United States, in
Indiana, which however soon dispersed. In later years he abandoned further experiments in cooperative societies
and
and
by writing
and the profit
tried to spread,
lecturing, his radical ideas (abolition of private property
system, uniformity in education, absolute equality, replacement of
money
by labor notes, suppression of all exterior cults). The term "socialism" is
found for the first time in a manifesto he issued in 1820.
2 Pierre- Joseph Proudhon (1809-1865), French journalist and politician, a militant revolutionary, is regarded by many as the father of
anarchism (his society is without a master but is to be based on "equality,
law, independence, and proportionality"). He rejected the institution of
private property ("property is theft," "property is the suicide of society")
while disagreeing equally with Marxian communism and the Utopian ideas
of St. Simon and Owen. Some of his books are: What Is Property? (1840),
Letter to Blanqui (1841), Philosophy of Misery (1846), Economic Contradictions (1846).
The Fabians XXV.
tenance of his rights
[339
is its first
duty.
These
rights are the conditions
that the individual feels necessary to the fulfillment of his best
and these rights cannot be equal unless the freedom is equal,
and for individuals to have equal freedom their economic opportunity must be equal. And this is where the Fabians broke away
from Bentham, whose chief emphasis was conditioned by his fear
self,
of state interference with individual action.
The Fabians declared
economic equality could only be imposed by collective control. Nor could this collective control be effective without collective ownership of the means of production. Thus, from the outset,
that
recommended
the Fabians
were
and
still
are
nationalization,
called "gas
first
and water
of
utilities:
socialists"
they
then
of
other national assets, such as coal, electricity, railroads, aviation
and transport, cables and communication, medical services, iron
and steel, and banks. Each citizen, the Fabians declared, had an
equal claim in the common good in respect of his equal needs.
Yet the Fabian view of collectivism from the first took great pains
to insist on the absolute value of private property. In Fabian
Essays, discussing the moral basis of socialism, Sydney (Lord)
Olivier emphasized that private property was as essential a factor
of industrial society as it had been of agricultural, since "it was
obviously necessary for the establishment of industrial society that
each
man
should own the product of his labour and the tools neceshim to labour effectually." 3 Although the Industrial Revoluhad entirely changed the conditions under which men produce
sary for
tion
wealth, yet the sanctions of law and morality
still
cling to all that
has been included in the old definition of property. But
if
the idea so constantly appealed to in justification of property law
to be realized;
if
is
the fruits of each man's labour are to be guaranteed
him and he is to own the instruments with which he works; if the
laws of property are not to establish a parasitic class taking tribute
from the labour of others in the forms of Rent and Interest, then we
to
must modify our administration of property. 4
3
Fabian Essays (London: Allen and Unwin, 1948), p. 117.
117. Rather surprisingly, Lord Olivier, who never professed
Christianity in any form, took several pages of Fabian Essays to praise the
Church: "The Catholic Church has always insisted on the duty of helping the poor, not on the ground of the social danger of a 'residuum' but
by the nobler appeal to the instinct of human benevolence. The Catholic
Church developed, relatively to the enlightenment of its age, the widest and
4 Ibid.,
p.
V. Modern Times
340]
Even
so, the
amount of
socialization possible
and necessary was
considered by the Fabians to vary not only from time to time but
also to require continual adaptation to differing conditions of
peoples and places. 5
The Fabians rejected revolution and any form of direct action.
They believed, as Sidney Webb put it, in "the inevitability of
gradualness" and Bernard Shaw obstinately maintained that the
"meaning of history is Fabian" that is, that evolution was going
their
way. Sidney
Webb
regarded
reforms as evidences
all social
of the growth of socialism within the capitalist society,
sidered that
and con-
such must be encouraged in every way. Yet the
all
Fabians never became a
political party,
never ran a single candi-
date for Parliament as a Fabian; their speakers never urged any-
one to become a Fabian or to join the Fabian Society not even
in 1892, when 3,400 lectures were given by 113 Fabians in a
twelve-month period. The Fabian Society has never had more than
4,000 members;
at the time of its greatest influence
when
permeating both the Liberal and Conservative parties with
ist
it
had under 1,500. Nor
doctrine; rather
it
is
it
its
was
ideas
the Fabian Society a school of social-
was, and
is,
a group of
men and women who
spread practical views on current needs and immediate social
problems, and indicate the
way
these problems
legislative or administrative reforms.
Over
its
may be met by
seventy-six (1959)
years of existence, the Fabian Society has in fact produced a collective
body of
socialist doctrine tested at
every step by constant
concrete experience.
The Fabians
did for British socialism at the end of the nine-
system of education the world has ever seen before this century.
its revolutionary conception that God was incarnated in Man, exploding the hideous superstition that the imagination
of the thoughts of man's heart was only to do evil continually, and substituting the faith in the perfectibility of each individual soul; by its
brilliant and powerful generalisation that God must be Love, because there
is nothing better, and that man is freed from the law by the inward
guidance of grace, has done more for social morality than any other
freest
Catholic Christianity, by
religion of the world. Protestant Individualism in
Catholic Church; founded the
estates; destroyed the
England shattered the
modern land system upon
its
in religion rehabilitated the devil. . . ."
5 For the Catholic view on socialization, see this volume,
nos. 111-120.
confiscated
medieval machinery of charity and education, and
Appendix,
The Fabians XXV.
[341
teenth century almost exactly what their predecessors, the
utili-
same
century. The philosophic radicals or utilitarians with Jeremy
Bentham and the two Mills James and John Stuart had exercised a permanent and powerful influence on the reform movetarians, did for British liberalism at the beginning of the
ments and
legislation of their period,
and above
all
they were in-
strumental in forging the means of carrying out the reforms they
advocated:
Fabians,
and
many
this
means was the
British Civil Service.
of them, were British Civil servants
and Sydney Olivier were clerks
in the Colonial Office;
Podmore (1856-1910), who gave
the Society
was
in the Post Office;
its
The
Sidney Webb
name
Frank
of Fabian,
and many others were in other branches of
the Civil Service. This gave the Fabians an acquaintance with the
actual functions of
government that was of great practical ad-
vantage to them in keeping their schemes concrete and helping in
their realization: the
machinery of government was familiar to the
own blueprints, or work
was a disadvantage, however, in that it
Fabian minds the state and the govern-
Fabians, and they could execute their
for their execution. This
tended to confound in
keep clear. But, just as Owenon Robert Owen's works was
idyllic, and Marxist socialism was theoretical and revolutionary,
so Fabianism was, and is, "everyday politics for social regeneration." But it is apt to be short on political theory.
ment: a distinction that
ism
the
socialism
it is
vital to
patterned
FABIAN ECONOMICS
Fabian economics are based on Ricardo's theory of rent.
Ricardo had demonstrated that the worth of land arose from the
landlord's manipulation of the soil,
and the difference
in the pro-
ductive value of different pieces of land. This enables the landlord
to
skim
off as rent the difference
between the yield of
his piece of
land and that of the least productive piece in use or cultivation.
Thus the Fabians appeared to many land reformers, such as those
converted by Henry George, 6 to recognize socialism as the logical
outcome of their ideas. And for the Fabians there was no theoretical difference between land and capital: sauce for the goose (land)
was sauce for the gander (capital).
6
Henry George (1839-1897), an American writer, was the inventor
Tax" idea and the author of Progress and Poverty (1879).
of the "Single
V. Modern Times
342]
The
earth
is
the Lord's, but the fullness thereof
is
the land-
'
saw the source and measure
Marx, but in utility, and the Fabians
were fundamentally utilitarians. But whereas Bentham had used
declared the Fabians. Jevons
lord's,
of value not in labor, as did
number to justify his opbad forms of state interference, the Fabians used it
good forms. The Fabians were and are totally
the greatest happiness of the greatest
position to the
to justify the
unconvinced of the relevance of the class theory, or of class
tinctions,
and they have no
dis-
belief in the class struggle as the in-
strument of social change. Nor do they have any mystique about
and the
two leading working-class organizations, and they later rejected H. G. Wells' idea that the only way
to achieve socialism is by making socialists. "The work of the
Fabian Society has been not to make socialists, but to make
socialism" wrote E. R. Pease (1857-1953), the Society's secretary
for twenty-five years, and its only historian. And the Fabian way
to make socialism was, and is, by municipalization and nationalizathe proletariat: the early Fabians ignored the trade unions
co-operatives, at that time the
tion.
"We
take over," Pease has written,
the entrepreneur's enterprise, his gasworks and waterworks, his docks
and trams,
and mines.
his railways
We
secure for the State the profits
management and the future unearned increment, and we compensate him for his capital with interest-bearing securities. We force
him in fact to become the idle recipient of unearned income, and then
we turn round and
tax him heavily precisely because his income
of
is
unearned.
Fabians from the
first felt
that decentralization
was a necessary
condition of the realization of their aim, and they set out to capture
from the first. Before the first Labor government
power (as a minority) in 1922, there were 10,000
Labor representatives in various municipal and other local
local bodies
came
into
elected
bodies
scattered
throughout
England:
Bernard Shaw himself
worked for six years as a vestryman of St. Pancras (a slum parish
in London) and never missed a meeting: in 1900 there were only
62,698 Labor voters in England; by 1922, AV2 million; by 1944
7
opher,
William Stanley Jevons (1835-1882), English economist and philosis the author of Theory of Political Economy (1871), The State in
Relation to Labour (1882), Methods of Social Reform.
The Fabians XXV.
there
200
was a
of
solid majority of
whom,
[343
Labor members
in Parliament, over
including the Prime Minister, Clement (later Earl)
were Fabians.
based his socialism on Mill's theory of social reform by
means of the Ricardian law of rent, but took it much further.
Mill had stopped at land reform (though he died a confessed
socialist), but Webb noted that as soon as production was sufficiently advanced to furnish more than the barest necessities, a
Attlee,
Webb
Whatever individuals or
struggle for the surplus began.
were in power used
it
classes
to get hold of that surplus product, leaving
beyond the means of sub-
the rest of society "practically nothing
sistence according to the current local standard."
This surplus produce possessed the character of rent. In relation to
agriculture
it
presence of
was
fertility,
human
mineral contents, position, or even the mere
beings (labour) that combined to
make
the net
advantages of one piece of land very different from that of another.
This differential advantageousness, rising in scale
the
phenomenon of economic
rent.
Under
accounted for
unrestricted private
ownership and free competition, with the motive of pecuniary selfman in possession of any position economically
superior to the very margin of cultivation
was able to retain for
himself the whole differential advantage of that position. This law of
rent held good not of land only.
Alike in all capitalist enterprise
interest in full play, the
manufacture, in transport, in distribution, as well as in agriculture
the factors of production were different from one another in net
advantageousness no less than the land itself. 8
in
But the product, whatever its cost to produce, is worth only
what the market will bear, and the exchange value of the least useful part of the supply fixes the exchange value of all the rest.
Technically this occurs by the "law of indifference" and since the
least useful unit of the supply is generally that which is last produced,
called the final utility of the commodity. The utility of the
or most useful unit is called the total utility. Final utility is sometimes called "marginal utility".
The main point to be grasped is
its utility is
first
however useful any commodity may be, its exchange value can be
run down to nothing by increasing the supply until there is more of it
that
Max
1942), Vol.
Beer, History of British Socialism (London: Allen and
II, p.
282.
Unwin,
V. Modern Times
344]
than
wanted. The excess being useless and valueless, is to be had
nobody will pay anything for a commodity as long
is
for nothing, and
as plenty of
On
it
to be
is
had for nothing. 9
by withholding necessary things,
them can send the price up: thus if gas, elec-
the other hand, of course,
private owners of
water,
tricity,
transportation,
mail
sewers,
delivery,
etc.,
are
privately owned, the owners can make people pay much more for
them than if the state that is, all the people own them and pay
them in proportion to their use of them.
Thus for Webb, the struggle is not between the capitalist class
and the working class, but between the great mass of the people
and the appropriators of differential rent: between the producers
for
those
who
on the
fatten
make
organize industries, design machinery,
or discoveries, or perform bodily labor
tions
results
and
merely because they invest
inven-
those
capital.
who
Since
improvement performed by, or
community ("social labor and general
development") it should belong to, and be utilized by and for,
the good of the whole of society: this is to be done by municipalization, nationalization, and taxation.
The Fabian Society from its beginning opposed all pretensions
to hamper
differential rent is the result of
belonging
to,
the whole
the socialisation of industry with equal wages, equal hours of labour,
official status, or equal authority for everyone. Such conditions
were not only impracticable, but incompatible with equality of sub-
equal
ordination to the
common
was
origin
interests.
They recognised
that wealth
and must be social in its distribution, since
the evolution of industry had made it impossible to distinguish the
particular contribution that each person made to the common product
social in
or to ascertain
its
its
value. 10
Whatever things ... we allow a man
to possess, we must allow
exchange never takes place unless both parties
believe themselves to benefit by it. Further, bequest must be allowed,
since any but a moderate probate duty or personalty would, unless
supported by a strong and searching public opinion, certainly be
evaded. Moreover, if we desire the personal independence of women
him
to exchange, for
George Bernard Shaw, "The Basis of Socialism,"
p. 14.
10
Max
Beer, op.
cit.,
p. 286.
in
Fabian Essays,
The Fabians XXV.
[345
must for a long time to come be
and children, then their property
Voluntary associations of all kinds,
most carefully guarded.
whether joint stock companies, religious corporations or communistic
groups, would, in the eyes of the Social Democratic State, consist
.
simply of so
many
which are allowed
individuals possessing those rights of property
to individuals. 11
FABIAN LANDMARKS
The Fabians had a totally unexpected success with Fabian
Essays which sold 46,000 copies in England alone before World
War
and has never been out of print since its publication.
had held practically uniEnglish
minds, and his suspicion
unmitigated
sway
over
versal and
the
educated among the
of the state was the attitude of most of
highly individualistic English people. But in the seventies T. H.
Green, an Oxford idealist and a Platonist, had begun to teach that
Bentham's opposition between the state and the individual was
artificial, and suggested that the citizen has, and can have, no
meaning apart from the state. Unless the state can guarantee to
each man the powers without which he could not realize himself,
I,
Until 1870 Jeremy Bentham's ideas
then the state
is
void of
all
ethical content, for the state
is
the
instrument in and through which the citizens realize themselves,
and the
ment of
state's
main function
is
to achieve the full
moral develop-
its citizens.
Bentham's mistrust of the state, and his relegation of its funcmerely to those of being the citizens' watchdog, and T. H.
tions
Green's return to a more important governess-type role for the
state,
were the practical
results of historical happenings. Just as
the civil wars of the fifteenth century in
England had ended the
old feudal, hierarchical view of society
by proving it obsolete
and broken down so the seventeenth-century wars disposed of
the Tudor absolutism, and of the idea of the divine right of kings
that had succeeded feudalism. So, too, the Napoleonic wars at the
end of the eighteenth, and early nineteenth century, had freed the
commercial classes from the last vestiges of aristocratic control.
The Reform Bill of 1832 had established a world in which the
rights of the business man and his unlimited economic possi-
11
Fabian Essays,
p. 128.
V. Modern Times
346]
bilities
had been secured by
legislation,
and England became the
leading mercantile and banking power in the world. But the wasteful horrors of unlimited cut-throat free competition, the terrible
deterioration of the condition of the laboring classes as the result
of the Industrial Revolution, together with the ever greater de-
pendence of the employers on a cheap supply of labor, and of the
employed on their capacity to sell their labor their only possesbrought about widespread discontent, leading in many cases
sion
to near revolts. It was in this atmosphere that Fabian Essays first
appeared, during a temporary industrial depression (which caused
Henry Adams to write home to America that England was completely bankrupt), and its practical effects were tremendous. In
1892 Fabians captured the new London County Council, and the
Fabians also succeeded in forcing on the Liberal Party a program
of social reform written by Sidney Webb and known as the Newcastle Program, which was adopted by the National Liberal Federation in 1891. The Liberals got in, but then refused to honor their
election promises. Sidney Webb and Bernard Shaw wrote an article
The Fortnightly Review entitled "To Your Tents, O Israel"
condemning the Liberals and urging the necessity for the creation
of a socialist party. As a result, in February 1900, the Labor
Representation Committee was founded, and took office in 1922
as the Labor Party.
Another Fabian landmark was the Education Act of 1902,
drafted and maneuvered into law by Fabians. And in 1909-1911
the "Minority Report on the Reform of the Poor Law," written by
Sidney and Beatrice Webb, was another vitally important Fabian
and socialist statement. "Hitherto," wrote E. R. Pease,
in
writings on the organisation of society, whether contemporary or Utopian, had visualised a world composed exclusively of
healthy, sane and effective citizens, mostly adults. No Socialist had
stopped to think out how, in a densely populated and highly industrialall socialist
community, we should provide systematically for the
orphans, the sick, the physically or mentally defective and the aged
on the one hand, and for the adults for whom at any time no im-
ised Socialist
mediate employment could be found on the other. The Minority Report, meanwhile, worked out the lines along which the necessary organisation must proceed, even in the fully socialised state. 12
12 E.
R. Pease, History of the Fabian Society (London: George Allen
and Unwin, 1924),
p.
218.
The Fabians XXV.
[347
This Minority Report was shelved by the Liberal government
then in power, in favor of a general insurance scheme produced
by the Prime Minister, David Lloyd George; but twenty years
later Lord Beveridge, a Fabian, brought in all the many of the
reforms suggested by the Minority Report, and in 1947 the third
Labor government (the first with a majority) completed the implementation of the schemes adumbrated in the Minority Report.
At first the Fabians were anxious to stay a small group; later
H. G. Wells made an attempt to persuade them to increase in
numbers, but it was "an expensive failure" and today the Fabians
are only about 4,000 strong. The most serious challenge to their
collectivist doctrine was made by the Guild Socialists, who advocated a modified type of syndicalism. Their opposition to the
collectivist doctrine began in 1907. The Fabians that year had
approved the "treaty" Lloyd George "imposed" on the railroad
industry. A. J. Penty (1875-1937), who had published a book
The Restoration of the Guild System in 1906, together with A. R.
Orage (1873-1934) and S. G. Hobson (1864-1940), both of
whom were journalists writing for The New Age, a Fabianfinanced publication, began to wonder whether strikes would be
permitted in a state-owned industry. In 1915, G. D. H. Cole
(1889-1959), just down from Oxford, was elected to the Fabian
and began a "Reform" movement, hostile to the Labor
Party, from which he proposed to disaffiliate the Fabians. His
resolution, however, was defeated by ninety-two votes to fortyeight. The Guild Socialists believed in producer management of
industry instead of consumer control, and advocated workers
elected in each case. But Cole left the Fabians, and their subseexecutive,
quent history
is
Sir Ernest
The
the history of the British
Barker has
Labor
Party.
summed up Fabian Theory
policy of Fabianism has been
somewhat
as follows:
as follows.
An
intel-
permeate all classes, from the top to the
bottom, with a common opinion in favour of social control of socially
created values. Resolved to permeate all classes, it has not preached
lectual circle has sought to
has worked as much with and through Liberal
and through Labour representatives. Reformist
rather than revolutionary, it has urged the necessity of a gradual
amelioration of social conditions by a gradual assertion of social
control over unearned increment. ... It has preached that the society
which is to exert control must be democratic, if the control is to be,
class-consciousness:
"capitalists" as with
it
V. Modern Times
348]
as it must be, self-control; it has taught that democratic self-control
must primarily be exerted in local self-government; it has emphasised
the need of reconciling democratic control with expert guidance.
It
has adopted the sound position that democracy flourishes in that
form of
ity of
state in
which the people
freely produce, thanks to
an equal-
educational opportunity, and freely choose, thanks to a wide
and active
suffrage, their
own members
for their guidance, and since
they have freely produced and chosen them, give them freely and
fully the
honour of
their trust. 13
SELECTED BIBLIOGRAPHY
Fabian Essays. London: Allen
Beer, M.
& Unwin,
1948.
History of British Socialism. London: Allen
& Unwin,
1942.
Fremantle, A. The Fabians.
Pease, E. R. The History of
New
York: Macmillan, 1960.
London: Allen
the Fabian Society.
&
Unwin, 1924.
Ulam, A.
B. Philosophical Foundations of English Socialism.
bridge:
Harvard University
Cam-
Press, 1951.
13 Sir Ernest Barker, Political Thought in England from Herbert
Spencer to the Present Day (New York: Holt, 1915), pp. 219, 220.
chapter xxvi
Lenin
LIFE
VLADIMIR
ILICH ULYANOV,
foes as Nikolai Lenin, 1
better
was born
known
in Simbirsk,
and
on the Volga
to friends
River, April 22 (Gregorian calendar; April 10, according to the
Julian calendar), 1870.
At
the time, his father, a schoolmaster of
Mongolian ancestry, was provincial inspector of primary schools
in Simbirsk and, as such, belonged to the minor Russian nobility.
His mother, the former Maria Blank, of Volga-German parents,
was a well-educated woman to whom Lenin remained deeply attached
all
his
life.
In June 1887, the young Ulyanov graduated from the Simbirsk
at the head of his class. A year before, at the age of
he had ceased to believe in God. A month before, pre-
gymnasium
sixteen,
cisely in the early
Alexander, by him
morning of
much
May
8,
1887, his older brother
loved and admired, had been hanged for
participation, with other students of St. Petersburg University, in
a plot to assassinate Czar Alexander III. That
had
same year Lenin
lost his father.
1 He chose this name after the Lena, the Siberian
river that flows
through the region where he spent his exile. He first used this name when
he published, in Switzerland, The Aims of Russian Social Democrats.
Others say he chose it in memory of his brother Alexander,
called Lenin (Lion) by his companions.
who was
V. Modern Times
350]
In the
fall
of
1887 he entered Kazan University. Expelled
al-
most immediately for disorderly activities against the school auhe lived for several months under police surveillance on
Denied re-admittance to the University
return to Kazan a year later, he gave himself completely to
thorities,
his mother's country estate.
on
his
the study of social problems. It
was
then, at the age of eighteen,
began to read
Marx. The void left in him by the loss of God and father and
brother seemed to be filled by the presence and the teachings of
the old prophet of communism. And the newly discovered faith
gave his bitterness and hatred a precise goal in which to seek
that in a spare kitchen of his family's apartment he
revenge and satisfaction.
In 1891 Lenin was allowed to go to
St.
Petersburg to study
He
mastered the four-year course in one year and again
finished at the head of his class. Then he plunged feverishly into
law.
the revolutionary activities that were to culminate, twenty-five years
later, in the
establishment of the
first
communist
state
with him-
self as first dictator.
In April 1895, still weak from a severe attack of pneumonia,
he went abroad for medical treatment. In Paris, Geneva, and
Zurich he familiarized himself with the problems of the Western
socialist movements, visited at length with foreign socialists, and
met the founding fathers of Russian Marxism (Plekhanov and
Akselrod). He returned to Russia in September 1895 already, at
the age of twenty-five, a recognized leader of the
was practicing law. In
St.
Petersburg
most of his
time and energies were devoted to inflammatory writing and other
forms of clandestine propaganda. But the Secret Political Police
(the Okrana) had its eyes on him and on December 20, 1895, he
was arrested. Fourteen months later he was released from jail and
banished for three years to the village of Shushenskoe in eastern
Siberia. He arrived there in May 1897. The following May he was
joined by Nadezhda K. Krupskaya, a fellow communist. She became his wife, and their marriage lasted for life.
Lenin's stay in Siberia was no harrowing experience. The food
was simple but wholesome and plentiful. He could always find
diversion in hunting, fishing, swimming, skating, and wrestling. He
would still indulge, even by correspondence, in his favorite pastime, chess playing. Above all, the forced isolation was an invaluable opportunity for study and writing, and particularly for selfMarxists. Ostensibly he
reality
Lenin XXVI.
[351
appraisal. In the Siberian setting Lenin's personality
defined,
his
central
goal
reaffirmed,
the
road to
was
it
clearly
definitely
mapped.
In
March 1900,
his period of
banishment ended, Lenin
left
European Russia. From there he went abroad to become one of the editors of Iskra ("The Spark"), the organ of the
Russian Social Democratic Labor Party. Its first issue, printed in
small crowded type on thin paper, was published in Munich in
December 1900 and smuggled into Russia for distribution by
secret agents who, in Lenin's plan, were also to link up with the
party network. In April 1902, Iskra was transferred to London
and a year later to Geneva. Lenin followed the paper to both
cities. It was in London that he first met Lev Bronstein (Leon
Trotsky). 2 The two became friends and, at Lenin's insistence,
Trotsky remained abroad to assist in the work of Iskra.
The year 1903 marked a split in the Russian Social Democratic Labor Party. Membership in the party was the precipitating
issue. Lenin, the leader of the radical wing, wanted membership
Siberia for
limited to professional revolutionaries
active conspirators blindly
submissive to party discipline. Julius Martov, speaker for the more
conservative faction, wanted membership for
friends and symHere Lenin lost to
all
pathizers, active or not in revolutionary work.
Martov by a small margin. But on every other important issue the
Second Congress of the Social Democrats (held first in Brussels
and then in London) was carried by Lenin's group, which came to
be known as Bolsheviks (members of the majority), while Martov's
was termed Mensheviks (members of the minority). With the
2 Trotsky or Trotski, born in Russia in 1877 of Jewish parents, became
a revolutionist in his early youth. He was arrested in 1898 and banished
1902 he escaped to England and there he met Lenin. In
was banished again to Siberia. He
escaped, this time to Austria. In 1916 he was expelled from France and
repaired to the United States. On his return to Russia in 1917, after the
March Revolution, he filled important posts in the communist government,
always remaining loyal to Lenin though differing with him at times on
methods and policy. After Lenin's death, Trotsky continued to champion
World Revolution against Stalin (1879-1953), who wanted instead
"Socialism in one country." But Stalin won the party leadership and in
1929 Trotsky was banished from Russia. In 1937 he went to live in
Mexico and there, on August 21, 1940, he was murdered. His most
famous books are: The Defense of Terrorism (1921), My Life (1930),
History of the Russian Revolution (1932).
to Siberia. In
1905, having returned to Russia, he
V. Modern Times
352]
passing years the
rift
between the two factions widened and the
became more acute and
violent. In 1912, at the Bolshevik
Conference in Prague, the division became final. From then on,
the Bolsheviks and Mensheviks led a completely separate existence. But it was not until 1918 that Lenin's faction changed the
struggle
name from
Democrat to Communist.
In the meantime Lenin had to fight and maneuver against the
suspicion and distrust of his comrades. At one time, isolated,
criticized, practically abandoned, he was demoted from the Russian
Central Committee and forbidden to print anything without its
party
consent.
At
Social
another, after the Bolshevik failure in the Revolution
of 1905, 3 he was tempted to yield to despondency and frustration.
But
his fanatical will
made him more adamant
in following his
devious course to party leadership and the revolution that was to
change the history of the world.
The Revolution came in 1917. At
according to the revised calendar),
it
first,
in
was the
February (March
strange, spontaneous
revolt of the Russian people, tired of Czarist absolutism, literally
and blows and
Without leaders, without
common impulse, they ceased to be
interested in and to obey their old government
and abruptly this
and all that it stood for crumbled. The Bolshevik leaders were
taken by surprise: Lenin and Zinoviev in Zurich, Bukharin and
Trotsky in New York, Stalin and Kamenev in Siberia. But they
rushed to Petrograd to take command of the revolution and further agitate the people. Lenin with Krupskaya and several other
sick of slavery
indignities.
programs, following but a
Bolsheviks, as well as a party of
traveled through
Germany
some twenty non-Bolsheviks,
The transpor-
in a sealed railway car.
had been arranged by the General Staff of the German
army, confident that the return of the Russian emigres would
tation
accelerate the
3
disintegration of Russia
and
particularly of the
Three major parties were clamoring for reform
time: the Constitutional Democratic Party
members were
middle-class business
(known
men and
in
Russia at the
as the Cadets),
intellectuals
whose
who wanted a
British-type of government, a constitutional
tionary Party, whose
monarchy; the Social Revoluthe overthrow of the
land to the peasants, and whose left
more moderate wing advocated
and the redistribution of their
wing wanted to organize the farmers into socialized co-operatives; the
Social Democratic Labor Party, which was divided into the Bolshevik and
Menshevik factions.
nobility
Lenin XXVI.
[353
Russian army. Lenin and his immediate party arrived in Petrograd
at the Finland Station the night of April 3 ( 16)
Lenin immediately launched into a series of speeches and
and manifestoes (The April Theses) to hammer home his
ideas. The revolution of February was but a first step just as the
overthrow of Czarism had been but a first phase. What had haparticles
pened was a bourgeois revolution; what had yet to happen was a
proletarian revolution, wherein the supreme power would be seized
by the Soviets. 4 No compromise was to be proposed or accepted,
no aid given the moderate government that replaced the old
regime. Push the revolution, overthrow Kerensky's "bourgeois"
democracy, establish a dictatorship of the proletariat this was
Lenin's immediate program.
At the same time, realizing that the Bolsheviks were a minority, Lenin determined to gain control of the Petrograd Soviet and
He threw his men into army and labor
gave the Soviets an electrifying watchword: "Peace,
the other Soviets in Russia.
politics.
He
Land, and Bread." Lenin soon added another war cry: "All power
to the Soviets!"
On November
7,
1917
(October 25 by the old Russian
calendar) what then seemed impossible, what
still today seems
by a Bolshevik majority, 5 were able to seize the power Lenin dreamed for them. The
Bolshevik troops quietly and simultaneously occupied all strategic
buildings and places in Petrograd. The Winter Palace held out
until late evening. Lenin announced its fall at the opening session
of the Second All-Russian Congress of Soviets: "Comrades, the
workers' and peasants' revolution has come to pass." The following day the Second Congress set up an executive branch of government, the Council of People's Commissars, as a provisional ad-
incredible, took place: the Soviets, controlled
4 The Soviets were a new kind of representative body, representing the
oppressed classes against the classes that held power; they were therefore
not representative of all the people. As to the Soviet National Body (the
All-Russian Congress of Soviets), it was indirectly elected: its delegates
were appointed by the local Soviets and not by the people.
5 At the First All-Russian Congress of Soviets (June 16, 1917), the
tally of delegates was as follows: Social Revolutionaries 385, Mensheviks
248, Bolsheviks 105. At the Second All-Russian Congress of Soviets
(November 7, 1917), the tally was 390 Bolsheviks, 150 Social Revolutionaries, and 80 Mensheviks.
V. Modern Times
354]
ministration.
Lenin was made
its
chairman and proceeded im-
mediately "to construct the socialist order."
What happened
afterward
is
familiar history.
The
elected
Con-
stituent Assembly (the Bolsheviks received only 175 of 707 seats)
met only to be dissolved by force by the Soviets (January 1918).
The Treaty of Brest-Litovsk, which definitely ended the RussianGerman war, was signed March 3, 1918. Then the terror began.
Chaos and uncertainty and fear and brutality engulfed the Russian
land as the Cheka (the Soviet Secret Police organized December
20, 1917) went pitilessly about its grim business of liquidating all
opposition and denying the people the very freedoms for which
the Russian revolutionaries had so long fought. Early in 1918 the
Soviet government was transferred from Petrograd to Moscow and
soon after Lenin took up residence in the Kremlin. August 30,
1918, Fanya Kaplan fired three shots at him from a distance of
only a few
He
feet.
One
bullet pierced his neck, another his collar-
The Cheka
was
and Lenin,
proclaiming that "outside of force and violence, there is no way to
bone.
survived.
terror
intensified
suppress the exploiters of the masses," took
it.
In
March 1919 he founded
to carry out in
all
in
Moscow
full responsibility for
the Third International
countries the revolutionary aims of the
Com-
munist Party and of the Soviet Union. In the spring of 1921, to
save the country from spreading famine and discontent, he in-
New Economic
(NEP), which admitted
and the wage system. It was not
capitalism but merely a strategic retreat on the eco-
troduced the
Policy
private enterprise, private trade,
a return to
nomic
front, a recoiling in order to leap forward.
front, Lenin's dictatorship continued,
Toward
paired.
He
more
the end of 1921, Lenin's health
suffered
On
ruthless
became
the political
and
from insomnia, weariness, headaches,
May
secure.
seriously imspells of
him almost
second followed in December 1922, a third in March
1923. In the middle of May he was taken a last time to his private
home in Gorki. His condition was hopeless. Early on January 21,
1924, he suffered a final stroke. At seven that evening he was dead.
vertigo. In early
totally.
1922, a
first
stroke incapacitated
THEORY AND ACTION
Some have said that Lenin the man of action is greater than
Lenin the theoretician. Some have added that, while unexcelled as
Lenin XXVI.
[355
conspirator, revolutionary leader,
and statesman, he
is
but a small
star in the constellation of political philosophers.
As for the first assertion, Lenin's activities were so related to
and influenced by his ideas and so influenced his and others' ideas,
that one is reluctant to make such a clear-cut distinction between
doctrine and practice. Lenin was himself fond of quoting Goethe:
"Theory is gray: what is green is the eternal tree of life." Thought
divorced from experience was for him nonsense. At the same time,
he was equally firm in stating that there is no revolutionary action
without revolutionary theory. Strategy (the application of theory
broad situation) and tactics (the direct practical application
and strategic principles to everyday affairs) were
for Lenin derivatives of theory by strictly logical deduction. One
rightly points to Lenin's articles, speeches, and books as the docuto a
of theoretical
ments wherein to become acquainted with his theory. But parallel
to his tersest statements one must place his decisions and policies
and methods for a full understanding of his contribution to the
development (or deformation) of political thought.
As for Lenin's place among the major political philosophers,
it can hardly be questioned, for Lenin's posthumous impact on
countless minds has been and still is far greater than the tremendous influence he exerted, while alive, on the history of the world
in general and of Russia in particular. In fact, one of Lenin's
major contributions to politics (one that his adversaries cannot
afford to ignore or minimize) is his insistence, even while he impressed his followers with the necessity of revolutionary practice,
on the immense importance of
theory.
LENINISM
In a series of remarkable lectures delivered in 1924, Stalin
defined Leninism as a development of Marxism: the
Marxism
of
and of the proletarian revolution, or, to
be more precise, "the theory and the tactic of the proletarian
revolution in general and the theory and the tactic of the dictator-
the epoch of imperialism
ship of the proletariat in particular."
and rightly, that Leninism is predicated
on combat and revolution. From the day of his brother's
imprisonment and execution, Lenin knew no peace until the popular fury was unleashed against the czar and the czarist system. Even
Stalin also asserted,
chiefly
V. Modern Times
356]
then Lenin's aggressiveness had been cold and calculated, for
from his brother's failure he drew the lesson that a revolutionary
movement must rely not on
but on an organized and
individual, sporadic acts of terrorism
disciplined
drive
of the
proletarian
masses.
A
him
year later (1888), an attentive reading of
that
Marxism had
to
defended tooth and nail
be restored to
against anyone
its
Marx convinced
pristine purity
who would
and
falsify
or
Lenin saw clearly that, next to the materialistic interpretation of history and the denial of everything
spiritual in man, Marx's central dogma was the necessity of revolution and the violent seizure and holding of all power by the proletariat. Marx and Engels had said that force is the midwife of every
old society pregnant with the new. Lenin too believed that the
obligatory road for changing the world led through much blood
and violence and ruthless extermination. He never tired of repeating that there could be no attempt at a reorganization of society,
no testing of solutions for political and economic problems before
the revolution had occurred
and by "revolution" he meant the
soften
its
original message.
violent destruction of the
monopoly
of force that
is
the capitalistic
and the immediate transfer of that same monopoly of force
to the proletariat. Thus revolution is the fundamental premise for
both Marxism and Leninism. Everything else is but a means.
Lenin fought tirelessly to uphold these principles all his life.
He fought against the "reformists" of Western Europe, who, in
an effort to change the Marxist creed, wanted to expunge its most
dynamic principle, the will violently to overthrow the bourgeoisie
and its bourgeois state. Marx's self-appointed interpreter and defender, he could never tolerate those who wished to replace Marx
the revolutionary with Marx the gentle reformer. Lenin fought
state
against the Populists, who still regarded the peasantry as a homogeneous force and had faith in its revolutionary potential. To him
the Russian peasantry, hopelessly disunited since the Emancipation
Act of 1861, was
together.
He
either unable or unwilling to stand
and
fight
fought the Economists (a group akin to the Trade
Unionists), whose interest was not politics but economics.
They
were unaware of the Marxian emphasis on strong leadership or too
timid to face its responsibilities. Their excessive trust in the working class led them to believe that the proletariat would ultimately
reach socialism by itself. This viewpoint or theory of spontaneity
Lenin XXVI.
[357
(also called "tailism," the ideology of those
of the
who
movement
instead of trying to lead
it,
who
cling to the tail
the ideology of those
await the progress of events and are therefore "opportunists")
Lenin rejected as a most dangerous heresy, a catastrophic delusion.
Left to
itself,
the proletariat
would never reach
socialism.
processes of history would never do automatically what
The
Marx
expected of them. Socialism would come to the masses but only
when brought
to
them from above.
IMPERIALISM AND THE PROLETARIAN
REVOLUTION
Lenin's theory of the proletarian revolution
is
found primarily
pamphlet
in his Imperialism, the Highest Stage of Capitalism, 6 a
written in Zurich in the spring of 1916. In particular, the author
aimed
French and
1914-1918
of July 1920, that the war of
was
to prove, as
German
editions
imperialistic
on both
he
states in the Preface to the
sides:
a war for the division of the world, for the partition and repartition
... a war
German group of
of colonies, "spheres of influences," finance capital,
for the purpose of deciding whether the British or
financial
marauders [was] to receive the
etc. 7
lion's share. 8
In general his aim was to prove that capitalism had grown into
imperialism, "a world system of colonial oppression and of the
overwhelming majority of the people
by a handful of 'advanced' countries." 9
Imperialism, Lenin insisted, represented capitalism's highest
historical stage of development: a parasitic and decaying stage
financial strangulation of the
of the world
bringing to the forefront a very small
number
of the earth's in-
habitants and a handful of rich and powerful states that plunder
by using their enormous
and power these few privileged states are able to bribe in a
thousand ways the labor leaders and the upper levels of the labor
the entire world; a corrupt stage, for
riches
aristocracy or "bourgeoisified workers." Yet, imperialism has intensified all the contradictions of capitalism. In this sense, then,
6
V.
I.
1942), Vol.
Lenin,
XIX,
7 Ibid., p. 85.
Ibid.
Collected
it
Works (London: Lawrence and Wishart,
pp. 83-196.
8 ibid., p. 87.
V. Modern Times
358]
the transition of the moribund,
constitutes
agonizing capitalist
regime toward a superior economic and social order.
It is
"the
highest stage of capitalism" and "the eve of the proletarian social
revolution." 10
Lenin describes
this special
phase of capitalism:
Imperialism emerged as the development and direct continuation of
the fundamental attributes of capitalism in general. But capitalism
only became capitalist imperialism at a definite and very high stage of
its
development,
when
certain of
fundamental attributes began to
its
be transformed into their opposites, when the features of a period of
transition from capitalism to a higher social and economic system
began to take shape and reveal themselves
main thing
nomically, the
in this process
is
all
along the
line.
Eco-
the substitution of capital-
monopolies for capitalist free competition. Free competition is the
fundamental attribute of capitalism, and of commodity production
ist
generally.
we have
Monopoly
is
exactly the opposite of free competition; but
seen the latter being transformed into monopoly before our
very eyes, creating large-scale industry and eliminating small industry,
replacing large-scale industry by
still
larger-scale industry, finally lead-
ing to such a concentration of production and capital that
has been and
monopoly
the result: cartels, syndicates and trusts, and, merging
is
with them, the capital of a dozen or so banks manipulating thousands
At
same time monopoly, which has grown out of free
it and alongside of it, and thereby gives rise to a number of very acute, intense
antagonisms, frictions and conflicts.
Imperialism is capitalism in
that stage of development in which the dominance of monopolies and
finance capital has established itself; in which the export of capital has
acquired pronounced importance; in which the division of the world
among the international trusts has begun; in which the division of all
of millions.
the
competition, does not abolish the latter, but exists over
territories of the globe
among
the great capitalist powers has been
completed. 11
is better understood if one bears
Marx, capitalism meant a mode of
Lenin's theory of capitalism
in
mind
that for him, as for
production or economic system, in existence since the advent of
the machine, wherein all means of production are privately owned
by a
privileged
few (who tend to become fewer and fewer); ex-
ploitation of the laboring class or proletariat
ownership of capital
10 Ibid., p. 90.
is
is
of
its
essence;
separated from the application of capital
" Ibid.,
pp. 159,
160.
Lenin XXVI.
[359
and the whole productive process is hampered by
the "distorted" motives of profit. But Marx in his Capital was
concerned with an analysis of industrial capitalism, a capitalism in
which free competition prevailed, whose most characteristic feature
was the export of goods and whose colonial policy consisted
to production;
merely, so to speak, in the "free grabbing" of territories not yet
occupied by a capitalist power. Lenin, on the other hand,
ing with a
new brand
is
deal-
had its day).
monopoly in the
of capitalism (for the old has
It is a capitalism in which monopolies prevail:
form of combines, syndicates, trusts, and cartels, arising out of
the concentration of production; the monopoly of the most important sources of raw materials; the banks' monopoly of finance
capital with its consequent creations of an all-powerful financial
oligarchy. It is a capitalism whose typical feature is the export of
capital and whose colonial policy is marked by a monopolistic
possession of the territories of the world.
This
Firstly,
new
capitalism
is
further characterized
by parasitism.
because
monopoly, this capitalist monopoly inevitably gives rise to a
tendency to stagnation and decay. As monopoly prices become fixed,
even temporarily, so the stimulus to technical and, consequently, to
like all
progress, disappears to a certain extent,
all
economic
the
possibility
arises
of
and
deliberately
to that extent, also,
retarding
technical
progress. 12
Secondly, because
imperialism
countries.
is
.
an immense accumulation of money
Hence the extraordinary growth of a
category of bondholders (rentiers),
coupons,"
is
idleness.
who
The export of
who
live
by "clipping
capital,
one of the most essential economic
more completely isolates the rentiers from
seal of parasitism on the whole country that
still
production and sets the
and
people
few
or rather a
take no part whatever in production, whose profession
bases of imperialism,
lives
i.e.,
capital in a
class,
by the exploitation of the labour of several overseas countries
colonies. 13
Lenin applies
this
theory of imperialism to the theory of the
proletarian revolution, showing the latter's basic principles and
consequently the practical attitude to be taken toward the problem.
12 Ibid., p. 170.
i3 Ibid.
V. Modern Times
360]
fronts.
On
capitalist
or
Lenin sees the forces of revolution gaining on three
the
internal
front
proletarian
(the
front
in
the
"mother" countries), the revolutionary crisis becomes more acute,
the yoke of a financial oligarchy more unbearable. The utter lack
of social consciousness in the privileged few, their parasitism and
corruption, intensify the workers' indignation until these finally
seek liberation in revolution.
On
the external front (the colonial front), the exploitation of
and dependent countries results in the division of nations
two antagonistic camps: a few "advanced" capitalist countries
on one side, the rest of the world on the other. This becomes a
growing reality, until the only hope of deliverance from the imperialistic yoke is its violent overthrow by the oppressed masses.
Finally, on the world front, war and revolution become inevitable: war between the capitalist states that want to hold
securely and exclusively what they have and those that want to
share the colonial spoils or steal their monopolies and markets
outright: the revolution of a united European (proletarian) and
colonies
into
Eastern
(colonial)
front
world-wide front of im-
against the
perialism.
This global stage of capitalism profoundly affects the com-
munist attitude toward the problem of revolution. In the past,
was
right to regard the proletarian revolution in
it
one country as an
internal affair to be solved in view of certain conditions existing in
the country in question (its
velopment,
its
economy,
its
proletarian population).
degree of industrial de-
Now,
instead, individual
national economies are but parts of a world economy, the various
national capitalist fronts have
become
a unified whole
all
over the
world, and the proletarian and colonial masses are banded together in a united front by a
common
antagonism to a universal
system of imperialism. Therefore the approach to the problem of
the revolution
must be more general. The revolution need not
where industrial development is most
necessarily begin in a country
advanced and the proletariat constitutes the majority.
well start in a country where capitalism
It
may,
likely as not,
is
not yet
much
It
may
as
developed.
occur where the chain of imperialism
is
weakest. In any case and in any place two conditions are requisite
if
the proletariat
power:
is
to think of successfully seizing the
monopoly of
Lenin XXVI.
it is
[361
essential, first, that a majority of the
jority
of
the
class-conscious,
thinking,
should fully understand that revolution
sacrifice their lives for
it;
workers (or
politically
is
at least
a ma-
workers)
active
necessary and be ready to
secondly, that the ruling class should be
passing through a governmental crisis, which draws even the most
backward masses into politics (a symptom of every real revolution is a
rapid, tenfold and even hundredfold increase in the number of memhitherto apathetic
who are
bers of the toiling and oppressed masses
capable of waging the political struggle), weakens the government
and makes it possible for the revolutionaries to overthrow it rapidly. 14
Another consequence of the existence of the two antagonistic
is that the victory of the proletariat in one counbecomes in a sense the responsibility of all proletarians in the
world-wide fronts
try
world. Conversely, because the successful revolution in a particular
country
is
but a step toward world revolution, the victorious
country must do
its
utmost to awaken, develop, and support the
revolution in other countries.
THE DICTATORSHIP OF THE PROLETARIAT
During his sojourn in Finland, in August and September 1917,
Lenin wrote The State and Revolution, using as documentary
sources all that Marx and Engels had written on the state. He himself had diligently copied in a blue notebook all pertinent passages
from their works. The volume was to have had seven chapters but
the last, "The Experience of the Russian Revolutions of 1905 and
1917," was never written. Lenin returned to Petrograd to prepare
and lead the November Revolution. "It is more pleasant and usego through the 'experience of the revolution' than to write
15
he remarks in the Postscript to the First Edition.
It is in The State and Revolution that Lenin dwells on the
problem of the state and, particularly, the question of the relation
ful to
about
it,"
He starts by restating
and re-interpreting the basic Marxian ideas on the origin, role,
and meaning of the state. He approvingly quotes Engels to the
of the proletarian revolution to the state.
14
V.
I.
Lenin,
"Left-Wing"
Communism, An
Infantile
Disorder
(Moscow: Foreign Languages Publishing House, 1952), p. 114.
15 V. I. Lenin, State and Revolution (New York: International
Publishers,
1932), p. 101.
V. Modern Times
362]
not always exist but was established only
economic development necessarily bound up
with the cleavage of society into classes. Once society was divided
into two irreducible antagonisms, in order that the warring classes
would not by their struggle bring an end to that society, a force
had to be created to contain them within certain limits of order.
effect that the state did
at a certain stage of
This force
The
state
is
is
the state.
the product and the manifestation of the irreconcilability
of class antagonisms, the state arises when, where, and to the extent
And, con-
that the class antagonisms cannot be objectively reconciled.
versely, the existence of the state proves that the class antagonisms are
irreconcilable. 16
In other words, the state
is
but an organ of class rule, the organ of
the rule of a definite class for the oppression of another definite
purpose is to legalize and perpetuate this
Thus the ancient and feudal states were organs for
the exploitation of the slaves and serfs, and today's bourgeois state
is an instrument for the exploitation of wage labor by capital.
The state (the accumulation or, better, the monopoly of power
in the hands of one class) fulfills its purpose of repressing and
exploiting the opposite class through an apparatus or machine consisting essentially of special bodies of armed men (army and
police) and bureaucrats (state officials). Both are "parasites" on
the body of bourgeois society, enjoy privileges and immunities,
and are protected by special laws. Both are the masters of society
rather than its servants: they stand above it and are, therefore,
alienated from it.
class (its antipode); its
oppression.
Lenin
significantly
monarchy or the most
expression,
adds that every
liberal
state,
whether an absolute
democratic republic,
a "special repressive force" holding
pressed class. Although one
cratic republic the best
capitalism (for
it is
is
is,
in Engels'
down
justified in considering
form of
the op-
a demo-
state for the proletariat
under
the "nearest approach" to the dictatorship of
it must never be forgotten that even in the most
democratic of bourgeois republics the iniquitous exploitation of
wage-slavery is the lot of the people. All such states are, in the
the proletariat),
lbid.,
p. 8.
Lenin XXVI.
the dictatorship of the bourgeoisie.
analysis,
last
[363
would be
It
catastrophic to believe that this type of state could successfully
resolve the class contradiction.
The
class contradiction
of a classless society.
Through a
1.
leader of
How?
can be solved only by the re-creation
Here, in summary, is Lenin's answer.
violent revolution the proletariat
masses and
all toiling
led, in turn,
overthrows and destroys the capitalist
Once
victorious in this
becomes the
tariat
and exercises
its
own
monopoly
dictatorship.
proletarian dictatorship, unrestricted by law, always
The
3.
itself.
phase of revolution, the prole-
first
ruling class, gets exclusive hold of the
of force, organizes
as
state, that is, the centralized
organization of force created by the bourgeoisie for
2.
(acting
by the workers' party)
guided by the vanguard of the proletariat (the workers' party)
and relying directly upon the armed forces of the masses, uses its
machine for the purpose of completely crushing bourgeois
and leads the whole people to a new economic order.
state
resistance
Once the capitalist resistance is completely broken, people
will become accustomed to observe the rules of social intercourse
without compulsion and without the special apparatus for compulsion that is called the state. Then the state will wither away.
4.
There can be nothing save destruction for the capitalist state.
bureaucratic-military state machine has to be
smashed out of existence. Otherwise the new classless society will
The old bourgeois
On
never be.
this point
no compromise
not above classes, the state
and,
if
is
this particular class is to
of force,
its
inevitably
tion (to
possible, for the state
be suppressed, then
organization of violence,
and
is
is
the instrument of the ruling class;
its
state
its
monopoly
apparatus must be
forcibly suppressed. Therefore, the people's revolu-
be successful in the
the capitalist state with
its
first
most
phase) must break and destroy
characteristic institutions
the
bureaucracy and standing army. Many revolutions failed (and
here Lenin quotes Marx) because they perfected the machine of
the bourgeois state instead of smashing it. The first aim of a revolution is " 'to concentrate all its forces of destruction' against the
state
power, and to regard the problem, as one, not of perfecting
the machinery of state, but of breaking up and annihilating
The
it."
17
revolution can be accomplished only by the proletariat.
ibid.,
p. 27.
V. Modern Times
364]
It "is the
only class
thoroughly revolutionary, the only class
that can unite all the toilers
and the exploited
against the bourgeoisie, in completely displacing
in the struggle
it."
18
the particular class, which, by the economic conditions of
is
being prepared for this work and
is
It is
its
existence,
provided both with the oppor-
and the power to perform it. While the capitalist class breaks
up and atomises the peasantry and all the petty-bourgeois strata, it
welds together, unites and organises the town proletariat. Only the
proletariat
by virtue of its economic role in large-scale production
is capable of leading all the toiling and exploited masses, who are exploited, oppressed, crushed by the bourgeoisie not less, and often
more, than the proletariat, but who are incapable of carrying on the
tunity
struggle for their
freedom independently. 19
In their revolution, the proletarians are led by the workers'
party,
which constitutes the vanguard of the proletariat both in its
its direction and organization of the new
bid for power and in
order.
Once
the capitalist state, with
its
standing army, police, and
bureaucratic apparatus, has been destroyed, the proletariat seizes
power, organizes
itself
Thus a new state comes
by Lenin the "proletarian dictatorof the proletariat ... a special form of
as the ruling class.
into existence: a state defined
ship, the political rule
organisation of violence against the capitalist class";
bourgeois but a proletarian
state,
20
not a
a state exclusively at the service
of the exploited and not of the exploiters; "a special repressive
force" not for the exploitation of a majority by a minority but for
the suppression of the bourgeois minority
jority;
a state that
by the proletarian ma-
is
democratic in a new way (for the proletariat and the poor in general)
and dictatorial in a new way (against the bourgeoisie). 21 ... To limit
Marxism
ism
to the teaching of the class struggle
to distort
bourgeoisie.
it,
to reduce
Marxist
is
it
to
means
something which
is
to curtail
Marx-
acceptable to the
one who extends the acceptance of
class
struggle to the acceptance of the dictatorship of the proletariat. 22
It is
not enough for the proletariat to seize power. Even after
this step the bourgeoisie
is ibid., p. 22.
2 <> Ibid.,
24.
p.
22 Ibid., p. 30.
remains very strong, possibly stronger
is Ibid., p. 23.
21 ibid., p. 31.
Lenin XXVI.
[365
than the victorious proletariat, and eager to reconquer its lost
Power, once seized, must be held, consolidated, rendered
position.
invincible.
Hence,
the proletariat needs the state.
The
exploited classes need political
rule in order completely to abolish all exploitation,
i.e.,
in the interests
of the vast majority of the people and against the insignificant minority
consisting of the slave-owners of
modern times
the landlords
and the
capitalists. 23
The
proletarian
spans the period of transition from
communism. In
capitalism to
much
state
it
the class struggle continues; so
becomes a period of unusually
violent class struggles in their sharpest possible forms." 24 The rule
so that "this period inevitably
a democracy only for the poor and the
and the bourgeoisie it is a new kind of
Under these conditions there is no real freedom for
of the proletariat, then,
is
dispossessed; for the rich
dictatorship.
the exploiters.
The
dictatorship of the proletariat produces a series of restrictions of
liberty in the case of the oppressors, the exploiters, the capitalists.
must crush them in order to
resistance must be broken by
We
humanity from wage-slavery; their
force; it is clear that where there is suppression, there is also violence, there is no liberty, no democracy. 25
While the state exists there is no freedom. When there will be freedom
there will be no state. 26
free
Other tasks of the proletarian dictatorship are the education of
workers and peasants to
rally them to the support of the revoluand imbue them with the spirit of socialism, and the organization of the whole national economy according to a new system on
all
tion
way
the lines of "the postal system in such a
that the technicians,
managers, bookkeepers as well as all officials, should receive no
higher wages than 'workingmen's wages,' all under the control and
armed proletariat." 27 Finally, the proletariat will
army and keep it in constant readiness for the fight
against the imperialists, the enemy outside.
The dictatorship of the proletariat is but a transitory state. At
the beginning and for a time it will retain some of the marks of
leadership of the
organize
its
the old society. This will constitute the
Ibid.,
p. 22.
25 Ibid., p. 73.
^Ibid., p. 44.
first
phase of communism
24 ibid., p. 31.
26 Hid., p. 79.
V. Modern Times
366]
a phase not yet able to produce absolute justice and equality
much
("every worker, therefore, receives from society as
given
as
it";
2S "differences,
defects
in
and unjust
distribution]
will
as
he has
differences, in wealth [as well
still
exist" 29 ).
The communist
society then
is
forced at
first
to destroy only the "injustice" that consists in the
means of production having been
seized
by private
individuals, [but]
not capable of destroying at once the further injustice consisting in
the distribution of the articles of consumption "according to work
is
performed" (and not according to need). 30
The
perfect development of
communism
will
come with
the
second or higher phase of communist society, when there are no
longer any capitalists, any classes and, consequently, there is no
need to suppress any
being;
it
ceases of
class.
Then
the state loses
its
very reason for
itself.
Only in Communist society, when the resistance of the capitalists has
been completely broken, when the capitalists have disappeared, when
there are no classes (i.e., there is no difference between the members
of society in their relation to the social means of production), only
then "the state ceases to exist," and it "becomes possible to speak of
people will gradually become accustomed to
freedom." Only then
the observance of the elementary rules of social life that have been
known for centuries.
they will become accustomed to observing
;
.
them without
force, without compulsion, without subordination, with-
out the special apparatus for compulsion which
is
called the state.
31
be able to wither away completely when society has
realized the rule: "From each according to his ability; to each according to his needs," i.e., when people have become accustomed to ob-
The
state will
serve the fundamental rules of social
ductive, that they voluntarily
When this perfect
He confesses
not say.
life,
and
work according
state of
their labour is so pro-
to their ability. 32
communism will dawn, Lenin does
know "how quickly and in
that he does not
what order" the conditions that will usher mankind into the fully
developed communist society will be verified. But he is certain
that sooner or later the classless and stateless society, where all
members will be bound together in a new brotherhood of love,
will open its gates to waiting humanity.
28 ibid., p. 76.
29 ibid., p. 77.
30 Ibid.
zilbid., pp. 73, 74.
& Ibid.,
pp. 79, 80.
Lenin XXVI.
many
Others,
and what
[367
others, are not so certain.
What
has happened
happening in the communist countries seems to
is still
support the conclusion that a
new
class of masters,
a harsher
from the masses, has supplanted
33
the old class divisions that Marx and Lenin sought to abolish.
Indeed, the state seems to have accepted the challenge hurled
at it by Lenin and to have fought back successfully. The very men
who were to bring about its destruction, the very communist excaste, a privileged class alienated
perience, the state used as allies for the intensification of
paratus and the consolidation of
all
The end
police, prisons, bureaucrats.
its
special forces
of the state
is
its
ap-
army,
nowhere
in
sight.
Communism
at
work has even created
its
own brand
of auto-
from the bourgeois masters of
gone happily hunting throughout
the world of free nations in the best colonial style to fill the hunger
of its imperialistic belly; and when whole nations have tried to
overthrow the oppressor's yoke and regain some measure of freedom, communism has restored order in the well-known traditional,
repressive way.
crats not too different in essence
Communism
old.
Unless
in action has
human
nature suddenly changes, unless the lessons
has learned in his millenary history prove
conclude that the means must after
all
wrong, one
is
man
led to
have a certain affinity to
aim that will make angels of
men and a paradise of earth. But in the meantime wherever communist rule has been installed, it has become synonymous with
inhuman means and conditions. It does make sense therefore to
doubt, at the very least, a system whose reality contrasts so sharply
the end.
with
Now
Lenin speaks of a
all
lofty
its ideal.
SELECTED BIBLIOGRAPHY
Lenin, V.
I.
Collected Works. London:
Lawrence and Wishart,
1942.
"Left-Wing" Communism, An Infantile Disorder. Moscow: Foreign Languages Publishing House, 1952.
State and Revolution. New York: International Pub.
lishers,
1932.
*
33
Class:
For a recent view on
An
Analysis of the
this
subject, see
Milovan
Djilas,
Communist System (New York:
The
New
Praeger, 1957).
V. Modern Times
368]
Gurian, W. Bolshevism: Theory and
Practice.
New
York: Mac-
millan, 1932.
.
Dame:
The Soviet Union: Background, Ideology,
University of Notre
Dame
Reality.
Notre
Press, 1951.
Schapiro, L. The Origin of the Communist Autocracy. Cambridge:
Harvard University Press, 1955.
Shub, D. Lenin: A Biography. New York: New American Library,
1948 (New York, 1943).
Wilson, E. To the Finland Station. New York: Doubleday Anchor
Books, 1953 (New York, 1940).
Wolfe, B. D. Three Who Made a Revolution: A Biographical History (Lenin, Trotsky, Stalin). Boston: Beacon Press, 1955.
chapter xxvii
IN
STRICTLY
Italian Fascism*
SEARCH OF A PHILOSOPHY
Fascism never had a political
philosophy of its own. But Fascism was preceded by speculative movements critical of democracy and the parliamentary system, by the formulation of a syndicalist doctrine, and by a boldly
expressed belief in the supremacy of the nation. These were currents of political sentiment and thought not merely Italian but
European. Indeed, they first appeared outside Italy. Yet they
found in Italy more complete and precise theoretical expression.
Italian Fascism did not even begin as a theoretical movement.
On August 27, 1921, Mussolini (1883-1945), its founder and
leader, wrote to Michele Bianchi, one of his first and closest collaborators: "If Fascism does not wish to die or, worse still, commit suicide, it must provide itself with a doctrine." The quest for
it ended only in 1933.
Italian Fascism was a political movement and, as such, the
speaking,
Italian
result not of ideological preparation but of certain historical conditions. Some of these were: the formation of a class of unemployed veterans, or demi-soldes as they were termed at the time of
Napoleon
*
An
I;
the personal magnetism of Mussolini; the devalu-
essay written especially for this
and translated from the
Italian
work by Giuseppe
by John A. Abbo.
Prezzolini
Modem
V.
370]
Times
World War I and the consequent transhands of a good part of the land in northern Italy;
the sorry decline of the Italian parliamentary system, unable to
provide a stable government (somewhat like conditions that
ation of the lira following
fer into other
French republic) the split in the Socialist
Party following the rise of Russian communism.
This casual combination of social forces did not, however,
crystallize into a theoretical doctrine, nor did it produce a common
theoretical idea. Fascism was born without a doctrine. It went in
brought about the
fifth
search of one once
it
had
seized power,
currents of thought then
classes of
Europe. These
and found
common among
it
in the various
the young, cultivated
sought to amalgamate in a unified
it
system, which was given official expression in an article written by
the philosopher Giovanni Gentile in
1933 and signed by Mussolini
but which never really served as the party norm. Along the road
that
was
was
itself to
to lead to
an ideological
contribute
new
justification of its action,
intellectual
Fascism
approaches and solutions,
particularly in the field of syndicalism or corporativism. But no
one of these became predominant. Obviously the Fascist Party was
but a multitude agitated by momentary passions, a mass wrestling
with practical problems and stirred by personal
bothered about principles, especially
when
rivalries.
the principles
hurriedly pieced together or simply borrowed.
Very few
had been
The impact
of ideas
on the sentiments and interests of political parties is usually slight
and superficial. It was even more so among the Italians, generally
skeptical and ready without conviction to adopt and adjust to the
exterior and theoretical aspects of a party in control of the government and able actually to manipulate the national income.
FASCISTS AND NATIONALISTS
When,
in
1919, the Fascist Party presented candidates for
program was a rather haphazard list of
and promises, most of which were quickly
discarded once Mussolini was called by King Victor Emmanuel
III to head the Italian government (October 31, 1922, following
the Fascist March on Rome of October 27). The Fascist platform had left unresolved the constitutional question of whether to
election in Milan,
its
pointers, resolutions,
choose the monarchic or the republican form of
strong anticlerical flavor (with
its
had a
Church
state. It
proposal to confiscate
all
Italian Fascism XXVII.
property) and an anticapitalist tinge (with
[371
its
proposal to con-
war superprofits). Finally, as to the armed forces, it
proposed "an armed nation" of the Swiss type.
The nucleus of statements that came to constitute the Fascist
doctrine was provided by an articulate group, the Nationalists.
fiscate all
These never gained political leadership of the masses like the
Fascists, but they were men with some basic doctrine of their own
and more culture and refinement. The early Fascists came from
the rural population and from the political movements of the extreme left (socialists, syndicalists, republicans, even anarchists).
The Nationalists were considered conservatives of the extreme
belonged to well-to-do classes and in the years prior to
Fascism supported the interests of the industrial groups (heavy
industry) rather than those of the small rural landowners from
whom were to come the first Fascist volunteers. These differences,
right: they
names
best typified in the
of the Nationalist
De
Frenzi (Luigi
Federzoni, b. 1878) and the Fascist Mussolini, persisted,
if under
two parties merged.
The review Politica was the organ of Nationalist thought. In
the issues published before the advent of Fascism there are many
of the theoretical assertions that became common patrimony after
the Fascist victory, principally the doctrine of the supremacy of
the nation and of the nation's interests over the individual or the
class. At that time (the years prior to Fascism) Mussolini was
preaching the class struggle. When the Nationalist Party was absorbed by the Fascist (and the result was the Fascist National
Party) early in 1923, its members remained an aristocracy, in
principle more attached to the monarchy than the bulk of the
Fascist Party, while some of the more independent Fascist mem-
the surface, even after the
bers, like Italo Balbo, did not always hide their old republican
tendencies.
And
this
divergence was tragically displayed in July
Then De Frenzi helped the king rid
himself of Mussolini and later Mussolini founded the last desperate
Fascism, that of the Republic of Said. It must be noted, however,
1943
at the fall of
that the difference
much
theoretical as
truly intellectual
Fascism.
between Fascists and Nationalists was not so
it was a difference in education and character.
discussion between monarchist and republican
Fascists never took place.
To
this
amalgam
the Fascists brought the contribution of their
syndicalist experience.
All Fascist theory that has reference to
V. Modern Times
372]
the corporative state was, as a rule, not of Nationalist but of
Fascist origin.
But before explaining in detail this and other aspects of the
Fascist doctrine, one must place it in the right perspective
against the background of the period's mentality as expressed
official
by the various currents of ideas that
later
converged in Fascism.
THE ANTILIBERAL ROOT
must first of all be remembered that the antiliberal ideas
that became popular among the Italian Fascists had their deepest
roots in the unfavorable reaction to the French Revolution that
was common in all Europe among both Catholics and socialists.
Fascist political thought rejected liberalism more than communism.
Italian Fascism made its own the criticism of Catholics and socialists of what was then commonly called the "atomism" of the
French Revolution: the breaking of the social bonds that united
the individual to society to make of him but an atom abstracted
and historically separated from his past (Catholics) and from his
labor environment (socialists). This adverse reaction lasted, one
may say, all through the nineteenth century and finally came to a
head in the twentieth century. Essentially, Fascism wanted to
represent the supremacy of society and state against liberal individualism. If, in a sense, Fascism seemed to be born in opposition to communism, more fundamentally it came to oppose and
attack the liberal thought of the eighteenth and nineteenth cenIt
turies in political
economy
as
much
as in practical politics. Basic-
Fascism had several political principles in common
with Russian communism: for instance, the exaltation of the
ally,
Italian
who take over the power of the state, the
concept of a single party (totalitarianism), the belief in the suaction of minorities
premacy of the state over individuals and in the Machiavellian
axiom that the ultimate aim (the seizing of power) justifies all
means employed by a minority that anticipates the times and feels
itself
vested with a mission. This reaction against the so-called
"rights of
man" brought
Marx and
his successor
together
and
men
interpreter,
of opposite camps: Karl
Georges Sorel; Giuseppe
Mazzini, whose favorite book, significantly entitled The Duties of
Man, was intended as an answer to the French Revolution's emphasis on the rights of
man; even a Catholic
like
Giuseppe Toniolo,
Italian Fascism XXVII.
[373
who derived his social consciousness from Saint Thomas Aquinas.
What strange bedfellows one finds when looking for the ideals that
inspired contemporary minds possessed of a vast culture!
MAURRAS, KIPLING, PARETO, MOSCA
But searching deeper into the theoretical confusion of Fascist
motivations and impulses brings other things to light. For one, the
marked influence of Charles Maurras. It was his ideological
construction, positivistic and naturalistic, that the Italian Nationalists wished so passionately to imitate and emulate. The impact of
the theoretician of Action Frangaise was particularly felt by
Francesco Coppola, editor of the review Politica from 1929 to
1943.
On
of the
first
chief
the other hand, a writer like Enrico Corradini, founder
Italian Nationalist review, //
was Giovanni Papini),
Kipling (1865-1936).
What
fell
Regno (whose
under the
the latter
spell
had been
of
editor-in-
Rudyard
for the English,
Corradini sought to be for the Italians (he lacked, however, the
English writer's imagination and never achieved Kipling's popularity),
and he
tried
hard to translate for them the sweeping
motives of imperial consciousness and responsibility.
Corradini's writings one finds
war always
Thus in
and
exalted, aggressive
predatory instincts praised, the conviction, proudly reiterated, that
an influence to exert on the world. Corradini lived long
enough to see the triumph of his ideas. Fascism considered him
one of its "fathers," and he was made a senator; but Corradini
was left out of active political life and, luckily for him, he died
before Fascism crumbled under the weight of a lost war.
Considerable influence was also exercised by Vilfredo Pareto
and Gaetano Mosca. At almost the same time (as the nineteenth
century blended with the twentieth) and for almost the same
reasons, these two Italian philosophers of the "leading classes"
disapproved strongly of parliamentary regimes and democratic
Italy has
practices.
They
further maintained, against a doctrine that dated
back to Aristotle and had been more or less accepted by all
students of politics, that the true political forms of government are
never monarchies, aristocracies, or democracies. In Pareto's and
Mosca's view, these are such only in name: in reality, all social
organizations are led and governed by a "ruling class" (an elite,
or oligarchy) that, possessed of greater social vitality and useful-
V. Modern Times
374]
ness than the other classes, guides and dominates them until it is
in turn overpowered by another elite more vigorous and alert and
capable {circulation des
another and none
is
elites).
No
essentially
regime
different
is,
per
se, better
than
except for the social
composition of the minority, which always governs (for example,
the Junkers in Germany, the bankers in the United States, the
small landowners in France). This interpretation of political his-
which reduces it to a conflict of social groups without ideal
values and in which political doctrines play but a secondary role,
derives in part from the thesis of Hippolyte Taine (1828-1893)
in his Origines de la France contemporaine. In this huge and unfinished work the great French historian sought to show that the
French Revolution was due to a decadence of the aristocracy that
had dominated the nation for centuries and then had been replaced by a new aristocracy, fresher and more aggressive. The
social and political process was thus totally committed to the play
of natural forces whose conflicts were glossed over with a veneer
of intellectual and moral principles. It was a concept of history
similar to that of Marx. But the latter attributed historical changes
and the political predominance of minorities to economic transformations in the means of production; Pareto and Mosca traced
them to moral forces.
These historical and social doctrines, which asserted the mission of conscious, active, dynamic, daring minorities, and their
natural right to seize power in the face of inert and tired masses,
were quite popular in the decades that preceded communism in
Russia, Fascism in Italy, and Nazism in Germany. In Italy, faith
in such an energetic minority representing the nation (the masses
were dull and blind and the wealthy classes idle and fearful) grew
when Italy entered the war in May 1915 despite the open opposition of the parliament and the displeasure of the country's majority. Interestingly, it was during that period (from September
1914 to May 1915), when a political minority imposed Italy's
intervention in the war, that the first Fasci were founded. That
minority, fully aware of being such, was the cradle of Fascism
and gave the movement its name. When Fascism was not yet being
spoken of, it was the same minority that first used against the
parliament the methods of violent pressure that became so
familiar later, in the period between 1919 and 1925. The conviction that the country's destiny was not to be left to votes in
tory,
Italian Fascism XXVII.
[375
parliament and in national elections was further strengthened by
the expedition to Fiume (September 1919) led by the then very
popular poet and soldier Gabriele d'Annunzio to prevent the
surrender of the port to Yugoslavia.
CROCE AND SOREL
Another remarkable
coefficient for
weakening regard for the
parliamentary regime and spreading the belief that history
is
made not
only by legitimate assemblies but often by audacious
minorities
was
all
the early
work
of Benedetto Croce
(1866-
1952), from the publication of his Estetica (in 1902) to at least
1925. Those years Croce (a Croce unknown in America) used
his sarcastic wit, his formidable erudition, his unrelenting logic,
what he termed the masonic
and optimistic principles of the eighteenth century and a fatuous belief in social
remedies that were to end men's conflicts and wars. The dominating figure and the leader of Italian culture during the first twenty
years of the century, Croce helped spread moral contempt for the
democracies. He leaned favorably toward imperial Germany, republished writings of conservatives and even reactionaries (such
as Vittorio Imbriani). But later his bent toward opposition led
him stoutly to resist Fascism.
To Croce chiefly is due the first presentation of a French writer
who was to have more influence and fame in Italy than in his own
country: Georges Sorel. His Reflexions sur la violence (a work
little known in English-speaking countries) went through several
editions in Italy. Italian magazines and daily papers also carried
the unusual articles, strangely conceived and without a precise
logical order, by this somber thinker, conservative and at the same
time revolutionary, one of the more indicative manifestations of
what was soon to be: the world wars and the faith of the new
generations in the power of the subconscious rather than the rational.
Mussolini (and Lenin, it is said) read and admired him. One
cannot study the ideological formation of Fascism without becoming aware of how deeply Sorel inspired and aided it.
his
pointed
anecdotes
to
fight
mentality, or a naive faith in the rationalistic
V. Modern Times
376]
GENTILE
was Giovanni Gentile (1875-1944) who formulated
most coherent, valid, and philosophical
way. He too came to Fascism from other currents of thought.
Gentile had been Croce's faithful collaborator during the latter's
antidemocratic period. He had come from a pure Hegelian tradition
in Italy (where Hegel had few but ardent supporters during the
Risorgimento, especially in the South). Like Croce, Gentile had
But
it
Fascist ideology in the
started with
German
idealism, a school of thought for which, to
use the words of Croce himself, the physical facts do not exist.
Gentile was a heroic thinker and his
life
came
to
an end when
he was murdered by unknown
Fascism, Gentile might simply have been called a conservative (on
Burke's type). Although as a philosopher he denied the absolute
communists in 1944. Prior to
value of religion, he recognized the usefulness of teaching
masses and the children. In
fact,
it
to the
almost alone, he had held for
was neutral
and did not permit the teaching of religion in public schools and
recognized only the academic degrees granted by its own lay
years that the Italian state (which before Fascism
should allow the teaching of Catholic doctrine in ele-
schools)
mentary schools. At that time this might have seemed rather
strange, but it was logical, given the idea Gentile (and Croce) had
of the religious problem. When Fascism reached power, Mussolini
called Gentile to direct the Ministry of Public Education. Gentile
had been
member
In that
until then but a university professor,
never a senator or a
of the parliament or even a candidate for political office.
first
period he called himself a liberal (he was editor of a
review entitled L'Educazione liberate).
He
liked the opportunity
Fascism offered him to make a complete reform of the Italian
schools. But save for a small group of teachers personally devoted
to him, none in the country was ready to understand, much less
support him. Gentile's gratitude to Mussolini was such that, "liberal" or "conservative" though
he claimed to be, he accepted
Fascism completely. Gentile tried, however, to inject into Fascism
those modes of thought that his idealistic and Hegelian philosophy
dictated. Needless to add, his language
the majority of the Fascists.
number
What
is
was incomprehensible to
more, Gentile had a large
of enemies within the teaching class. Finally, he
was
re-
Italian Fascism XXVII.
[377
garded with suspicion by the Catholic Church, which had understood that his thought contained the concept that the state was
the inevitable adversary of the Church.
THE FASCIST DOCTRINE
When
the Enciclopedia
was
its
director;
his although
it
Treccani
was about
deavor of Fascism)
(the highest cultural en-
to be published in 1933, Gentile
and the doctrinal part of the
article
Fascismo
is
appeared in the Enciclopedia under Mussolini's
name.
The
text of the article
might
just as well
have been written in
Arabic for the greater number of his followers to whom, in the
last analysis, it made little difference whether the Fascist state
declared
Fascism
itself
spiritualist
or idealist.
What mattered was
satisfied certain sentiments of national pride,
strong, stable government,
and brought employment
that
provided a
this last of
extreme importance in a country of such steady unemployment for
both intellectuals and laborers as Italy. The enthusiasm with which
a great part of the population hailed the Fascist regime
thusiasm that lasted at least until the Spanish Civil
was not
at all
an
en-
War (1938)
due to the ideas expressed in Gentile's
article or in
other publications.
But the article is in itself of much interest. Gentile was a philomind of the first magnitude. Together with Croce he
dominated Italian thought between 1900 and 1940. Then, after
his death, it was his legacy, more than Croce's, that continued to
influence men and ideas. Croce was a much more systematic
thinker, richer in literary gifts, culture, and affability. His system
sophical
is
the better organized and,
it
may even be
said, so perfectly or-
ganized and estheticalry formulated as to leave no possibility for
further development.
But Gentile worked
in depth and,
though
not always clear and at times repetitious, he has a power to
mind and heart
rarely found in Croce.
stir
Croce compiled a vast
encyclopedia of philosophical sciences where one can find an
answer to all the problems of his time and to which nothing need
be added. Gentile on the contrary touched only certain points
(teaching, art, religion) and left everywhere a leaven that is still
brewing. The interesting thing is that Croce himself was led by the
the
V. Modern Times
378]
modify his philosophic positions,
what concerned the structure of his system that
internal criticism of Gentile to
particularly in
seemed
to Gentile to
Now,
have imperiled the unity of the Spirit.
which gave precise form to the ten-
Gentile's article,
dencies and ideas current
among
Fascists,
is
a sort of translation
and perhaps turbid,
boiled in Fascism as in all revolutionary movements. Gentile's
article, first of all, succeeds in giving unity and coherence of form
to tendencies that differed by reason of time, origin, and nature.
It is a document not lacking nobility and, within the idealistic
framework, the principles therein expounded cannot be easily
challenged. The article is written in a compact and sober style. It
is clear, too, once one becomes acquainted with the German
philosophic terminology. The main body of the article comprises
seven pages in large type. The rest is annotation, commentary,
documentation, and history.
Here are some notable passages. "Fascism is action and it is
thought: action in which doctrine is immanent, and doctrine
arising from a given system of historical forces in which it is
inserted, and working on them from within." All this sounds like
abracadabra to the unprepared reader. Yet the meaning is clear:
Fascism is not born of external forces: it is an autonomous force
that moves all that surrounds it materially, men and things; at the
same time it does not come from heaven (as in the case of religious revelations) but is born of mankind's history. It is not the
effect of an environment: it is instead the latter's internal motor.
"It has therefore a form correlated to contingencies of time and
space; but it has also an ideal content which makes it an expresinto Hegelian language of whatever deep,
sion of truth in the higher region of the history of thought."
As
in
Fascism one distinguishes
changeable features and an immutable ideal principle. What about
all
important manifestations of
the latter? First of
all,
it is
life,
in
a spiritual principle. For the philos-
opher schooled in German idealism and for the Anglo-Saxon, this
means two different things. For example, Fascism is the negation
of individualism. Spirit, in fact,
spirit that
universal
is
not that of the single person, the
corresponds only to one's conscience.
spirit,
which,
it is
It is
the
true, realizes itself in a single
human,
person
but makes him conscious of belonging to the past as well as to the
present, of being one with the state, one with humanity, capable of
Italian Fascism XXVII.
suppressing the instinct for
life
order to build up a higher
closed in a brief circle of pleasure, in
founded on duty, a life free from
which the individual, by self-sacrifice,
by death itself, can achieve that purely
life,
and space,
limitations of time
[379
in
the renunciation of self-interest,
spiritual existence in
which
From
paragraphs, one
the very
first
his value as a
morality, a morality that promises
action save that of being, through
it,
man's highest manifestation. But in
The
the contemplative.
"Fascism wants
all his
energies
man
.
is lifted
to a climate of stern
this ideal there is
makes
nothing of
action imperative:
be active and to engage in action with
manfully aware of the
and ready to face them.
consists.
no other reward for moral
immersed and sublimated in
Fascist ideal
to
man
It
conceives of
difficulties besetting
life
him
as a struggle ... as for
the individual, so for the nation, and so for mankind." Fascism,
therefore, lays stress
on
culture, education,
work. Obviously, these
statements by Gentile reaffirm the concept of activism that has
often caused Oriental thinkers to look with disdain
and
their history,
and that manifested
itself in
on the Whites
the great colonial
adventure of the nineteenth century as well as in the aggressive,
Germans and the Ruswas almost a new ideal,
the government or the dominant party was con-
expansionist wars of peoples such as the
sians.
But
in Italy this ideal of activism
at least as far as
cerned.
This activism was, however, no vulgar unleashing of instincts.
was guided by an ethical concept. Gentile says: "Life, as conceived by the Fascist, is serious, austere, religious; all its manifestations are poised in a world sustained by moral forces and
subject to spiritual responsibilities. The Fascist disdains an 'easy'
It
life."
Of
course, the concept of "religion" here referred to
any particular positive
not
is
merely considers
the individual in relation to a superior Will through a bond that
indicative of
makes him
the participant in a "spiritual society." It
that could be accepted
by the Protestant
or perhaps simply by the patriot
At any
religion. It
rate, the
who
is
a concept
as well as the Catholic,
places country before
self.
statement remains an anti-individualistic one.
As
was the outlet for the many currents of reaction hostile to the French Revolution, which was accused of
having split social life into atoms the citizens. And less consciously but not less peremptorily Fascism was against the Anglosaid before, Fascism
Modem
V.
380]
Times
state as "an agency for the welfare of the
one of the tersest and firmest points of Fascist
doctrine. Contrary to Anglo-Saxon thought, Fascism refuses to
admit the existence of a conflict between the state and the individual. For the Fascist, the state must be found in the very soul
Saxon concept of the
individuals." This
is
human individual, must feel
state. To explain this concept so
of the individual, who, to be a true
himself part and parcel of the
would be tempted to refer,
by way of comparison, to the Christian dogma of God's incarnation in Christ. For Gentile, the state is a divinity that realizes itforeign to Anglo-Saxon thought one
self,
incarnates
who
is
truly a
itself as it
man
the dignity of the state.
The
his arbitrary pleasure),
if it is
will.
The
citizen's will
individual
with the
and truth through
is
as the
most
is
a closer analogy between
communism and Fascism than between Fascism and the
idea. To the same concept of "coincidence" the concept of
is subject: the truly free citizen is he who operates in full
The
or spiritual values can
derstood, Fascism
is
As a consequence,
is
exist,
totalitarian,
and a unit inclusive of all values
ates the whole life of a people.
liberal
liberty
agree-
words of Gentile:
for the state. In the
Fascist conception of the State
human
more
antiliberal of doctrines,
than anticommunist. There
ment with and
state's
identifica-
precisely here that Fascism, as already
tion with the state. It
noted, manifests
itself
(not his imagination or
ethical, will coincide
individual acquires worth
antiliberal
An
were, in the individual.
has and feels in himself the laws, the power,
all-embracing; outside of
much
less
and the Fascist
it,
no
have worth. Thus unstate
interprets, develops,
synthesis
and potenti-
and group activity (political parties,
economic unions, social classes) can be
exercised only with the state's consent and within the state. Here
Fascism, which up to this point could otherwise agree with communism, clashes with it. For communism wants the state to represent the interest of one class only
the working class
while
Fascism sees the state as an organism superior to all partial and
temporary formations. Hence the most radical of all Fascist forcultural
individual
associations,
mulas: All within the
state. (It
was
state, all for the state,
nothing outside the
and all-embracing view of the state,
that drew upon Fascism the severe condemna-
this totalitarian
at least in principle,
Italian Fascism XXVII.
tion of the Catholic
Church
[381
in Pius XI's encyclical
Non abbiamo
bisogno of 1931.)
Out
of this totalitarian but spiritual concept of the state
grew
and nation that continued in Italy
Nazi Germany. Fascism is not
satisfied with the concept of nation alone, which it considers a
purely naturalistic criterion like race. Originally Fascism was not
racist. The most at which Gentile hinted was the schiatta (that is,
something combining natural formation, like that of animals, and
historical formation, born of men's inherited experiences). "It is
Rather, it is the State
not the nation which generates the State.
which creates the nation, conferring volition and, therefore, a real
life on a people made aware of their moral unity." Naturally, this
point too is incomprehensible and unacceptable to the AngloSaxon mind for which the state, through the vote of the majority,
is the result of the people's will. For the Fascist, therefore, public
teaching must be in the hands of the state and not of private associations; the press must become the organ of the unifying political
will of the state. In short, Fascism made its own the concept
termed by the German Hegelians "the ethical State." It is not a
the distinction between state
until the time of the alliance with
"men's rights."
state that is neutral, indifferent, respectful of
an active
state,
vidual activity, wants to permeate the will
of the whole
man, sinking deep down
Fascism, in short,
is
his faith.
less
than the
intellect
not only a law-giver and a founder of institutions,
ing not only the forms of
life
... To achieve
uses authority,
no
into his personality.
but an educator and a promoter of spiritual
and
It is
a state that, not satisfied with setting limits to indi-
life. It
this
aims
man,
but their content
at refashion-
his character,
it enforces discipline and
and ruling with undisputed
purpose
entering into the soul
sway.
CORPORATIVISM
chapter of the Fascist program worthy of particular atten-
its origins as well as its consequences is the one that has
been termed corporativism. The Fascists used this word to designate certain associations wherein employers and employed, both
intellectuals and manual laborers, would come together to discuss
their problems in the interest of the country or state common to
tion for
V. Modern Times
382]
was to be Fascism's solution to one of the gravest problems of our times: the problem of labor differences and conflicts.
them.
The
It
fact that
it
did not succeed does not
make
the attempt less
worthy of note.
In
its
origin
and in
its
very name,
its
idea derives from a
Catholic scholar, Giuseppe Toniolo (1845-1918).
many
He
was, like
other Catholics of the nineteenth century, a critic of econ-
omic liberalism and the advocate of an economic system not to be
founded on natural forces to the exclusion of human factors and
considerations. Re-presenting and defending, against the liberals,
the economy of the Middle Ages, he praised the medieval corporation: and this name was used again by the Fascists when they
wanted to establish labor associations to replace those of the
socialists and the Catholics.
For a long time, corporativism seemed to constitute Fascism's
principal innovation. In politics, Fascism had, in its opposition to
the liberal system, simply returned to the authoritarian and police
state of the days prior to the French Revolution. But labor problems, non-existent then, took on great importance only at the end
of the nineteenth century. In this field, it may be said, the majority
of those
who took an
some was eventually
interest in the corporative state
(which for
to replace the parliamentary system)
not of Nationalist but of revolutionary and Fascist origins.
this
sector,
then, that the
most
were
It is in
original expressions of Fascist
thought as such are to be sought.
The
Europe had a meaning and an aim rather
from the Anglo-Saxon and, in particular, the American
union. The latter's purpose was to enrich the workers through the
enrichment of their employers. The end of the European syndicates
was the creation of a society controlled by the workers through
their labor associations. To many these syndicates seemed destined
to form the cells of an entirely new world founded on work. It
was, then, a moral ideal, a moral aim that was being advanced.
In this vein spoke Georges Sorel, a prophet of the new world to be
built by the syndicates. While he remained almost unknown in
England and America, he became very popular among French
and Italian socialists and Mussolini was one of them.
It should not seem strange, therefore, if in the Fascist meetings of students of corporativism (which, under Fascism, became a
science and was taught in the universities in much the same way as,
syndicates in
different
Italian Fascism XXVII.
[383
economy) extreme opinions were presented and de(like Ugo Spirito) went so far as to propose a reform of property in a corporative sense. But such exciting novelties did not please the most powerful segment of the Fascist
leaders, who saw in corporativism but a means to control the
forces of labor and prevent strikes. The representatives of the
various syndicates were never elected by the workers through free
balloting. They were in reality hand-picked by the central authorities. They were but government employees. As a consequence,
corporativism, which was supposed to give life to a new social
system, a system neither communist nor liberal, remained only a
bureaucracy. Instead of solving one of the most fundamental internal problems of the modern state
how to deal with labor
associations having a monopoly of power and how to prevent
them from opposing or crippling the action of the state corposay, political
fended.
Some
rativism resolved only the practical personal problems of
Fascists
who found
in
it
positions of
power and
many
influence.
SELECTED BIBLIOGRAPHY
Mussolini,
Benito.
Fascism:
Doctrine
and
Institutions.
Rome:
Ardita, 1935.
.
The Corporate
Ashton, E. B. The
Morrow, 1937.
State. Firenze: Vallecchi, 1936.
Fascist:
His State and His Mind.
Borgese, G. A. Goliath: the March of Fascism.
New
New
York:
York: Viking
Press, 1937.
Ebenstein, W. Fascist Italy. New York: American Book, 1939.
Elliott, W. Y. The Pragmatic Revolt in Politics. New York: Macmillan, 1928.
Lederer, E. State of the Masses. New York: Norton, 1940.
Missiroli, M. The Organization of the Arts and Professions in the
Fascist Guild State. Rome: Laboremus, 1938.
Prezzolini, G. Fascism. New York: Dutton, 1927.
Schneider, H. W. Making the Fascist State. New York: Oxford
University Press, 1928.
Sturzo, L. Italy and Fascism. New York: Harcourt, Brace, 1927.
Volpe, G. History of the Fascist Movement. Rome: Poligrafica
Italiana, 1934.
part
six: American Political Thought
chapter xxviii
American
Political
Thought*
THE SOURCES
AMERICAN
L
scholarship
political
like
American statesman-
ship has been primarily problem-conscious rather than meta-
physical and doctrinaire. Scarcely a definitive treatise in political
theory was produced in America until the famous Legal and Political
Hermeneutics of Professor Francis
Lieber,
German
refugee at the University of South Carolina, appeared in 1839.
His Civil Liberty and Self-Government followed in 1853. Ameri-
government has been largely
ca's contribution to the science of
the adaptation of principles
the
common
virtually
all
principles of social adjustment for
good, most of which had been developed through
the
ages
of
mankind
to
expanding geographical
and resultant
frontiers with their necessary scientific inventions
evolutions of social and economic situations. Consequently, political
theories that have been applied in
for in a multiplicity of sources:
political
literature,
discussions,
America are
to
be looked
the Bible, sermons, classics in
platform addresses of publicists, newspaper
pamphlets,
official
pronouncements and directives,
and constitu-
resolutions of colonial assemblies, colonial charters
An
essay written especially for this
work by Milton Conover.
VI. American Political Thought
388]
tions, state constitutions
with their
of rights, the Declaration
bills
of Independence, Articles of Confederation, the United States
Constitution,
state
and federal
municipal ordinances,
statutes,
opinions expressed with reasons in decisions of state and federal
courts, platforms of political parties, debates in legislative sessions,
the mores and customs of various people in various geographical
sections
Of
and
their representative pressure
propaganda.
on Colonial America of
the impacts
earlier political philos-
ophies, there were four of especial significance: (1) Pulpit interpretations of the Bible, especially those of the
(2)
New England pulpit;
Publications circulated in the eighteenth century including
works or derivatives of works by Plato, Aristotle, Livy, Cicero,
Saint Thomas Aquinas, James Harrington, John Milton, Richard
Hooker, Sir John Fortescue, Algernon Sydney; and by writers of
the European continent who had been influenced by classical
Chinese political philosophy, especially that of Mencius and Confucius
(such as
Leibnitz,
Christian
Wolff,
Voltaire,
Francois
Quesnay, and Oliver Goldsmith); (3) Roman law and the English common law since Bracton; (4) Instruments of government,
particularly the English
Magna
Carta, the Petition of Right, the
Habeas Corpus Act.
derived from such sources would
find varying de-
grees of acceptance because of the geographical
and topographi-
Bill of Rights, the
Principles
cal influences
and
social
and
religious cleavages in the various
areas: Puritans in Massachusetts, Independents in
Rhode
Island
and Connecticut, Dutch in New York, Quakers in Pennsylvania
and Southern New Jersey, Catholics in Maryland, Anglo-royalists
in Virginia, and French Huguenots in South Carolina. Frontier
civilizations moving from these Atlantic tidewater topographies
across the continent to California and the Southwest met the long
established Spanish colonial civilization
which likewise had
moved up from Panama and wrought consequent political adjustments upon acceptable theories or principles. Then the closing
of the frontier with the rise of cities brought newer problems of
urban and international import that were unpredictable by either
the Atlantic or the Pacific colonists. But through it all, and until
the establishment in San Francisco of the United Nations in 1945,
those colonial ideas of government persisted however modified in
application
as
circumstances dictated.
have been fashioned
fifty states
From such
which have proved
applications
fifty
modern
American Political Thought XXVIIL
[389
experimental laboratories for the testing of ancient political theories
and for the possible invention of other political institutions.
These fundamental American political principles were established progressively and firmly during three initiatory periods: the
Colonial, the Revolutionary, and the Constitutional. After 1789,
there were periods of development in which emphasis on certain
of these ideas waxed and waned in cycles. For instance, the
original principle that the state and national governments should
be divided into three separate departments, namely the executive,
legislative and judicial, has continued persistently, to warrant a
system of checks and balances for the defense of the individual
citizen against governmental tyranny. Initially, the legislature was
favored for power over the executive branch due to experiences
under colonial executives. Later the courts were sought by the
people to restrain legislative proclivities and spending power.
Afterward, the courts were felt to need a certain balancing by the
executive. But each of the departments has been continually
desired.
THE COLONIAL PERIOD
During the colonial era, political theories were expressed inby leading and learned thinkers and collectively by
assemblies. Together they comprised seminal origins for subsequent commonwealths. Individuals pre-eminent in this regard were
dividually
Thomas Hooker (15867-1647)
of Connecticut; John Wise (16521725) of Massachusetts; Roger Williams (16037-1682) of Rhode
Island; and William Penn (1644-1718) of Pennsylvania.
Thomas Hooker, one of the founders of Connecticut, is not to
be confused with the English Richard Hooker, whose Ecclesiastical Polity allegedly served to
convey some of the political philosophy of Saint Thomas Aquinas to John Locke and thence to
Thomas Jefferson. But Thomas Hooker of Connecticut, like Saint
Thomas and Richard Hooker and Thomas Jefferson, did maintain
democratic ideals. Some of them were embodied in the Fundamental Orders of Connecticut as adopted in 1639, and served for
Connecticut
Hooker
as
written
In sermons, Thomas
The long-cherished maxim
Constitution.
stressed his political principles.
that the consent of the people
was necessary to righteous governThis connoted popular elections. He sanctioned the right of the people to place limitations upon govern-
ment he held
essential.
VI. American Political Thought
390]
ment, which principle has become of increasing importance for
America with the increasing governmental
individual liberty in
functions and corresponding governmental powers as instanced by
Act of
1948 and its proposed modification according to the Hoover Task
Force Recommendations of 1956.
John Wise of Massachusetts, a Harvard graduate and Congrethe enactment of the Federal Administrative Procedure
gational
clergyman,
American democrat."
acquired
An
classification
as
"the
first
great
ardent proponent of liberty, he led a
noteworthy case of resistance against an attempted tax plan of
Governor Edmund Andros. In his Word of Comfort to a Melancholy Country (1721) he supported paper money, and in his
Vindication of the Government of
New
England Churches (1717)
he considered fundamental notions of local government
subject
Democracy and a later urban age
demanding state autonomy and municipal home rule respectively.
In the accomplishments of Roger Williams, American political philosophy as a derivative of European culture wedded to
the American frontier is well illustrated, if not typified. A graduate of the University of Cambridge, a protege of Sir Edward Coke
anticipatory to Jeflersonian
and a personal friend of John Milton, he founded Providence in
1636 while in his early thirties. His statesmanship as president of
Rhode Island with his authorship including The Bloudy Tenent of
Persecution for Cause of Conscience established four political
principles into the permanent fibre of American civilization:
natural rights, religious freedom, human rights, and popular sovereignty. As a natural right, religious freedom was the right of
Jews, Catholics, and the much persecuted New England Quakers,
as well as of members of other faiths. In this he was a spiritual
predecessor of William Penn in Pennsylvania and of Lord Baltimore in Maryland. So in Providence there was religious liberty
and realistic separation of church and state.
Principles were put into practice. During Williams' presidency,
Rhode Island received its first Jewish immigrants and provided a
haven from persecution for Quakers. Human rights were implemented in Williams' treatment of Indians and in his opposition to
King Philip's War. Popular sovereignty had been Williams' principle when he wrote that "the Soveraigne, originall, and foundation of civill power lies in the people." Neither "Kings or Parliaments, State, and Governours" had any rights to power "then
American Political Thought XXVIII.
[391
what the People give." Consequently, "a People may erect and
what forme of Government seemes to them most meete." x
In actual practice, therefore, the town government of Providence was for a time a primitive democracy wherein "all heads of
families had an equal voice." Like Saint Thomas Aquinas, Roger
Williams regarded as the object of government the advancement
of the common good wherein good will among men would constitute a firm social solidarity. Modern writers have regarded
establish
Williams as a forerunner of
Thomas Paine
in political philosophy,
French romanticists. 2
William Penn, who helped to found Pennsylvania, New Jersey,
and Delaware, had been trained at the Huguenot Academy at
Saumur in France, dismissed from the University of Oxford for
non-conformity, further educated in law at Lincoln's Inn, and
profoundly influenced in Ireland by Thomas Loe. He might be
classified more as a humanitarian and tolerationist than as a democrat like John Wise and Thomas Hooker.
Problem-minded, Penn established precedents by applying
as well as of the
With the Indians of Pennsyland asserted that "the Indians and English
must live in Love as long as the Sun gave Light" a policy that
became more general when in 1924 the American Congress permitted the Indians, the original Americans, to attain to American
citizenship. His religious toleration, especially his close friendship
with King James II, caused him to be charged repeatedly with
being a Jesuit in disguise rather than a Quaker. His boundary
problems with Lord Baltimore and Maryland were solved
amicably. His democracy was more of the substance than of form
as seen in his Concessions and Agreements of 1677 for colonists
in New Jersey, and as indicated by his maxim in his Frame of
principles to situations as they arose.
vania he
made a
Government
is
treaty
for Pennsylvania in 1682, to wit:
"Any Government
under it (whatever the Frame) where the
and the People are a Party to those laws."
free to the People
Laws
1
rule,
See Narragansett Club Publications
III,
Providence (1866-1870) 249,
"The Bloudy Tenent" in part is reproduced in J. Mark Jacobson,
The Development of American Political Thought A Documentaiy History
(New York: Century Co., 1932) pp. 71-76.
2 See R. G. Gettell, History
of American Political Thought (New
York: Appleton-Century, 1928) citing J. E. Ernst, "The Political Theory
of Roger Williams"
a doctoral dissertation at the University of Wash250, 355.
ington.
VI. American Political Thought
392]
Perm's governmental interests being humanitarian, they extended to international application. In his Essay Towards the
Present and Future Peace of Europe in 1693, he urged the establishment of a permanent international parliament or congress looking to that objective. Subsequently, in 1697, he presented to the
Board of Trade
in
London a plan whereby
colonies might be united. In his constitutions,
embodied
in
James Harrington's Oceana
all the American
Penn applied ideas
in such a
way
as to
win
approval in Europe including that of Montesquieu and Voltaire.
Experience, however, had taught him some weaknesses in democ-
more and more, as when
he wrote to a pressing Colonial: "For the love of God, me, and
the poor country, be not so governmentish, so noisy, and open, in
your dissatisfactions" a remark that might become the authors of
the Taft-Hartley Act of 1948 or the taxpayers of a welfare state.
racy, especially the insatiable hunger for
Later
Thomas
Jefferson called
world has produced; the
who
first
Penn "the
greatest lawgiver the
in either ancient or
modern times
government in pure and unadulterated
principles of peace, of reason, and of right." It would seem that
Penn's ultimate success was due largely to self-effacement in his
laid the foundations of
practical application of venerated theories including the essence of
the natural law.
John Woolman (1720-1772), a New Jersey farmer with but
few pretensions to formal education, concerned himself locally
with three policies that eventually became realized nationally and
internationally and stamped him as an initial "Apostle of Human
Freedom": the abolition of slavery, the amelioration of the landless and the poor, and
with lesser immediate success the aboli-
tion of militarism. Realist as well as idealist,
Woolman
visited slave
Amboy, New Jersey, and in Newport, Rhode
and labored among his fellow Quakers for the ending of
centers in Perth
Island,
even
Las Casas had struggled
America about
two centuries before. Woolman's Considerations on the Keeping
of Slaves appeared in 1754 and fifteen years later his own New
Jersey imposed an import duty on the slave trade. Two years later,
this unchristian trade
as Father
against Indian slavery in the Spanish colonies of
almost simultaneously with the passing of the Declaration of In-
dependence in Philadelphia, the Philadelphia Yearly Meeting of
Friends officially acted to disown any members who refused to
free their slaves, thereby exceeding the Declaration in the doctrine
American Political Thought XXVIII.
of equality
and precluding
in principle the
[393
arbitrament of the
sword.
Woolman's social politics extended to others than slaves.
Laboring for the poor and the landless and for those whose lot
forced them to work under conditions that might evoke the commiseration of slaves, his Plea for the Poor appeared in 1763 and
was republished in 1897 as a tract for the Fabian Society in
England. His aversion to war as a political policy was expressed
in his opposition to taxation
military purposes
and the conscription of men for
a policy that in the nuclear age could be con-
sidered as an eventual alternative to nihilism.
principal colonial contribution to the science of government
was the written constitution defining rights of persons and limiting government authority, which conditions established lasting
principles.
Some
anticipatory
prototypes
were:
(1)
charters
granted to mercantile companies operating colonization projects
in
America; and (2) instruments of government formulated by
proprietors of colonies, or their leaders, or by the colonists them-
Charters granted to commercial companies between 1550
and 1700 numbered more than fifty. 3
Of these the English Virginia Company was chartered in 1 609
two years after the settlement of Jamestown. It applied to 715
persons and organizations. They were permitted to form their own
government, to make their own laws, and to repel invasions, i.e.,
to constitute an original American political experiment station. This
selves.
More imEnglishmen who settled in
the colony the rights of free-born Englishmen. This became a
matter for reference by 1776. The rights included immunities,
liberties, and franchises, and they extended to the posterity of the
colonists. Here also was a legal basis for civil rights and local selfgovernment so dear to the Virginian of the later national era. John
Quincy Adams epitomized the political significance of such coloni-
matter,
it
seems, eventually interested Lord Baltimore.
portant, the Charter guaranteed to
zation:
"By bestowing upon
all
the colonies themselves an organiza-
tion perpetually tending to independence,
the minds
3
and measures of men
it
gradually predisposed
to that final separation
R. G. Gettell, History of American Political Thought,
p. 33.
See also
Thought (New York, Century, 1924), pp. 299-301,
theory from ancient origins and from a more nearly
his History of Political
treating of political
from the
world-wide perspective.
VI. American Political Thought
394]
parent stock which
it
was impossible not
lapse of ages, prove unavoidable."
to foresee must, in the
Virginia well illustrated this trend, but not with the same
New
England and Middle Atlantic Colonies. Her
mores of the ruling classes of England was a tempering influence that was not so effective farther north or in the
Carolinas. In Virginia, the Church of England was established;
stimuli as the
relation to the
likewise the Royalist tradition.
The
plantation system with slave
labor was congenial to the feudal residues of England. Sir Walter
Scott's novels of chivalry eventually
found appreciative readers
in
plantation society. Colonial Virginia, like colonial Massachusetts,
democracy of the masses or for the education of the masses. But the spirit of the charter government
flourished in pre- Jefferson days. When the Revolution came, a
Virginia gentleman, George Washington, was nominated by a
Massachusetts statesman, John Adams, to lead the forces for in-
was not too avid
for the
dependence.
The Puritans
of colonial Massachusetts
Old Testament for support of
common
cognizant of the English
dents,
are
and John Calvin's
now
drew heavily from the
their political theories
polity at
archaic matters of history.
Geneva.
Many
Of those
that lived
into twentieth-century observance were:
right
to
local
of their theories
and matured
the contract idea of a
constitutional government, the separation of
and balances, the
although
law, English political prece-
powers for checks
and limited
self-government,
suffrage.
The contract
was utilized for both ecclesiastical and
government the "church covenant" and the "plantation
covenant." They were coordinated. The idea of the latter was
crystallized before the landing at Plymouth Rock.
Governor William Bradford in 1620 recorded the need observed on the Mayflower for a written agreement to abide by
recognized social principles upon which the Colony of Plymouth
should be founded:
political
This day,
before
principle
we came
to
harbour,
observing some not well
and concord, but gave some appearance of faction,
was thought good there should be an association and agreement,
affected to unity
it
4 Collections of Massachusetts Historical Society,
3d
quoted in Gettell, History of American Political Thought,
Series, IX, 202,
p. 33.
American Political Thought XXVIII.
[395
that we should combine together in one body and to submit to such
government and governors as we should by common consent agree to
make and choose, and set our hands to this that follows, word for
word.
5
.
Two months of confinement to the ocean-churned Mayflower
might well have reduced the Puritans temperamentally to a Hobbesian state of nature requiring such a government or Leviathan.
In the Mayflower Compact the sacred nature of the contractual
was primary. Personal submission and obedience were
was
to acquire the advantages of general good. The laws were to be
just and equal. Here were the germinal forces of a polity that
would be thoroughly American for centuries, however limited in
principle
considerations to be rendered by each individual, for which he
content:
In ye
name
of
God Amen. We whose names
are underwriten, the
our dread Soueraigne Lord King James by ye grace
of God, of Great Britaine, Franc, & Ireland king, defender of ye
loyall subjects of
faith, &c.
Haueing undertaken, for ye
glorie of
God, and advancemente of
ye christian faith and honour of our king
plant ye
first
&
countrie, a voyage to
colonie in ye Northern parts of Virginia.
presents solemnly
another, couenant,
& mutually in
& combine our
Doe by
these
ye presence of God, and one of
selues togeather into a Ciuill
body
our better ordering, and preseruation & furtherance of
ye ends aforesaid; and by Vertue hearof to enact, constitute, and
frame such just & equal lawes, ordinances, Acts, constitutions, &
politick; for
offices, from time to time, as shall be thought most meete and
conuenient for ye generall good of ye Colonie: unto which we promise
all due submission and obedience. In witness thereof we haue here6
under subscribed our names at Cap Codd ye .11. of Nouember.
The theory
of checks
and balances, to be assured through a
some support in Scripture wherein
separation of powers, found
5 Alexander Young, "Chronicles
of the Pilgrim Fathers," Boston:
1841, 120, reprinted in Albert Bushnell Hart, American History Told by
Contemporaries, Vol. I (New York: Macmillan Co., 1926), p. 344.
William Bradford, History of the Plimoth Plantation (Fac-simile
from the original manuscript, with an Introduction by John A. Doyle
[London and Boston, 1896], 54, reprinted in Hart, op. cit., p. 344. This
compact and other early charters are collected also in B. P. Poore, Constitutions and Charters.
VI. American Political Thought
396]
the Israelites of the Exodus, having suffered under the tyranny of
the Pharaohs, determined against a probable parallel.
They recog-
nized their chief leader, their judges, and eventually their prophets.
Likewise, their congregation lent importance to local authority. 7
Limited suffrage was logical to the Puritan faith in God's
Government should be
The Puritans were not too
administered by the righteous
tolerant with those
elect.
elect.
God's
who might be
considered of the non-elect such as Roger Williams or the Quakers.
The Thomistic concept
of the inherent dignity of the
human
soul
apparently did not appeal to them enough then to insure the belief
that
men
"all
"equality of
all
are created equal," although they might accept
men
Some might even
before God."
perceive biblically that there was "democracy
Redemption" a sort of spiritual
John Cotton, the Puritan leader who led the attack on
the "radicalism" of Roger Williams, wrote in 1636
the year of
the founding of Harvard College
to Lords Say and Seale:
in the Fall, but aristocracy in the
aristocracy.
Democracy, I do not conceyve that ever God did ordeyne as a fitt
government eyther for church or commonwealth. If the people be
governors, who shall be governed? As for monarchy, and aristocracy,
8
they are both of them clearly approved, and directed in scripture.
.
This idea experienced certain elements of recrudescence in
America after World War I was fought "to make the world safe
for Democracy," and after World War II upon the advent of the
scientific age that sent man-made satellites to orbit around the
sun.
The
principles of equality, of isolation,
fundamental
in
Lord Baltimore's
and of pacifism were
1633
Instructions to Colonists in
directing:
bee uery carefull to do justice to euery man w th out
and that they auoid any occasion of difference w th those of
Virginea and to haue as little to do w th them as they cann this first
That in
fine they
partiality,
S. Straus, Origin of the Republican Form of Government
United States of America, 1885.
8 Thomas Hutchinson,
"History of the Colony of Massachusetts-Bay"
(London, 1760), I, 496-501, reprinted in J. Mark Jacobson, The Develop-
See Oscar
in the
ment of American
Political
Thought
Documentary History,
p. 33.
American Political Thought XXVIII.
yeare that they conniue and suffer
little
iniuryes
than to engage themselues in a publique quarrell
[397
from them rather
w tb
them.
That the Maryland colonists found that their principles stood
is evident from the subsequent testimony of the
Jesuit, Father Andrew White, who in 1634 narrated of negotiations for land from the Indians with results which seemed to them
the pragmatic test
miraculous:
God, by these miracles, opened a way for his law and for eternal life.
Some emigrate, and others are daily relinquishing to us their houses,
lands and fallow-fields. Truly this is like a miracle, that savage men, a
few days before arrayed in arms against us, so readily trust themselves like lambs to us, and surrender themselves and their property
to us. The finger of God is in this; and some great good God designs
to this people. 10
In 1639, "The Fundamental Orders" of Connecticut were
drawn up
at
Hartford by a popular assembly to constitute the
commonwealth. They provided a framework for
government with a representative assembly that should not adjourn without the consent of the majority and in which there was
to be liberty of speech. 11
A further popular advance was realized two years later in
Rhode Island in the "Newport Declaration":
basic law of the
The Government which
this
Bodie Politick doth attend unto in
Island and Jurisdiction thereof, in favour of our Prince
is
this
Democ-
Government; that is to say it is in the power of the
Freemen orderly assembled or the major part of them, to
or constitute just Lawes, by which they will be regulated, and
to depute from among themselves such ministers as shall see them
faithfully executed between man and man. 12
ratic or Popular
Body
make
tions,
p.
of
"The Calvert Papers" (Maryland Historical Society, Fund-PublicaNo. 28, Baltimore, 1889), 131-140 passim, reprinted in Hart, op. cit.,
252.
10 Rev. Father Andrew White, "A Relation of the Colony of the Lord
Baron of Baltimore in Maryland" (Baltimore, 1847), 18-24 passim, reprinted in Hart op. cit., p. 256. Father White's letter was in Latin, and
translated by N. C. Brooks in 1847.
11 J. Hammond Trumbull, compiler, "The Public Records of the
Colony of Connecticut," 1636-1665 (Hartford, 1850), 20-25, reprinted in
Hart, op.
12
cit.,
Rhode
pp. 415-419.
Island Records, I, p. 112, quoted in Charles E. Merriam,
History of American Political Theories (1928), p. 18n.
VI. American Political Thought
398]
This democracy,
It
it is
noted, did not yet extend to
concerned the "Body of Freemen,"
who
as yet
all male adults.
were to tolerate
Rhode Island a center of the slave trade.
The supremacy of fundamental agreements over subsequent
statutes, at least in matters of religion, was assured by Lord
within
Berkeley and Sir George Carteret in their "Concessions and Agree-
ments of the Proprietors of East Jersey" in 1665:
.
noe person qualified as aforesaid within the said Province
at
any
time shalbe any waies molested punished disquieted or called in ques-
any difference in opinion or practice in matters of Religious
who doe not actually disturbe the civill peace of the
said Province,
any Law Statute or clause conteyned or to be
conteined usuage or custome of this Realme of England to the contrary thereof in any wise notwithstanding. 13
tion for
concernements,
"The Concessions and Agreements" established through
William Penn in 1677 for the government of some 200 colonists at
Burlington,
New
Jersey, provided for popular sovereignty; legis-
lative control of the
jury (which jury,
if
government; the right of petition;
trial
by
concerning Indians, should be composed of
an equal number of Indians and white persons); friendly methods
freedom of conscience; and
freedom of speech in the legislative assembly. Elements of a bill of
rights were thus established. These agreements were to take
precedence over any subsequent enactment of statutes thus inaugurating a principle of constitutional supremacy that was to be
enshrined in the leading Supreme Court case of Marbury v.
Madison by Chief Justice Marshall in 1804. Of Penn's Concessions
and Agreements, Professor Charles M. Andrews, the historian,
wrote that they constituted "the broadest, sanest, and most equitable charter drafted for any body of colonists up to that time." 14
Constitutional developments in the colonies continued to evolve
for the purchase of Indian lands;
as adjustments to evolving social situations.
tions
were much
like statutes.
nition as superior to
lished
by a
mere
At
first
the constitu-
Circumstances wrought their recog-
statutes.
Eventually they were estab-
special convention representing the authority of the
13 "Documents relating to the Colonial History of the State of New
Jersey" (edited by William A. Whitehead, Newark, 1880), I, 28-39 passim,
reprinted in Hart, supra, pp. 563, 564.
14 C.
M. Andrews, Colonial Self-Government (1904),
p.
121.
American Political Thought XXVIII.
[399
which made them a fundamental law. By the end of
1780 precedent was established in Massachusetts for submitting
the constitution to the voters for approval, making it the instrument of popular sovereignty a mark of progress from the Company Charter of 1550 and the Mayflower Compact of 1620. Before the end of the Revolution, each colony except Rhode Island
and Connecticut had adopted a new constitution. These two exceptional colonies carried on with their time-tested instruments.
Between the outbreak of the Revolutionary War and the Civil
War the average adoption of constitutions had been more than one
per annum. During the three decades following 1860, seventy-six
constitutional conventions were held and seventy-two constitutions
drafted. Of these, sixteen were made operative by the conventions.
Others were sent to the voters, who ratified them as the popular
electorate,
sovereigns
In
fact,
create
succeeding
and
to their seventeenth-century inaugurators.
1840 many of these constitutions did more than
after
restrain governing functionaries.
actually legislated via
constitution,
fundamental instrument to the level of a
constitution of
Oklahoma
as
The popular
sovereigns
reducing in a measure the
statute.
The voluminous
adopted in 1907 was utilized subse-
quently at the University of Oxford as a specimen of American
popular
statecraft.
THE REVOLUTIONARY PERIOD
tion
Varied causes and political theories of the American Revoluwere epitomized in the Declaration of Independence as penned
principally
ality
by Thomas
in the
ideas
Jefferson.
He
claimed virtually no origin-
expressed therein. His contribution was his
graphic presentation of ideas current in the minds of American
thinkers of his time,
authorities
ancient,
who
in turn
medieval,
had inherited them from multiple
and eighteenth-century, as ob-
served heretofore.
Among the most compelling ideas were the theory of government based on a contract between the government and the governed, natural law and natural rights, and the resultant right of
revolution
rights
were
when
either the
fundamental contract or the natural
violated.
The theory
tary contract
that legitimate government resulted from a volunbetween the governed community and the govern-
VI. American Political Thought
400]
had been axiomatic among some of the political
It had been stressed in
American colonies since the Mayflower Compact of 1620. The
later Massachusetts Bill of Rights had stated that "the body
politic is formed by a voluntary association of individuals; it is a
social compact by which the whole people covenants with each
citizen and each citizen with the whole people, that all shall be
governed by certain laws for the common good."
Such theory of government by the consent of the governed
soon found a reference to matters of taxation upon the enactment
of the English Sugar Act and Stamp Act. In 1765, pamphlets
written almost simultaneously by scholars of eminence were widely
current in attacks on these Acts. Immediately influential was
Stephen Hopkins (1707-1785), whose pamphlet on The Rights
of Colonies Examined appeared in 1764, the same year Brown
University was founded as Rhode Island College. He was its first
chancellor, having previously been Colonial Governor of Rhode
Island and in attendance at the Albany Convention, where he
favored the Plan of Union of Benjamin Franklin, his close friend.
His attacks on the proposed Acts of Taxation were made "on the
ground that direct taxation of an unconsenting people was tyrannous," and he considered "the theory of colonial home rule," which
later was elaborated by John Dickinson. While Hopkins' Rights of
Colonies was being circulated extensively in 1765, another pamphlet appeared presenting Consideration on the Propriety of Imposing Taxes in the Colonies
by Act of Parliament by Daniel
Dulany (1722-1797). The son of a lawyer, he had been educated in England at Eton College, Cambridge University, and at
the Middle Temple, and admitted to the Bar of Maryland. He held
that "taxation without representation was a violation of the coming authority
philosophers since the thirteenth century.
mon
law of England." His principles were influential in both
England and America. William Pitt drew from them when speaking in Parliament for the repeal of the taxation. Charles Carroll
considered Dulany "indisputably the best lawyer on this continent."
Dulany was not of the
politically
immature or violent
radical groups and, at the outbreak of hostilities, withdrew to
private
Of
life.
like poise
was John Dickinson (1732-1808), the "Penman
Maryland of a Quaker family, who
of the Revolution," a native of
American Political Thought XXVIII.
[401
at the Middle Temple in London nearly four
His pamphlet on The Late Regulations Respecting the
British Colonies expressed his opposition to the Sugar and Stamp
acts. In 1768 his Letters from a Farmer in Pennsylvania to the
had studied
also
years.
Inhabitants of the British Colonies were published.
pacific in spirit
and favorable
to conciliation
They were
somewhat
of the
Edmund
Burke. Eventually he voted against the
Declaration of Independence. Yet, save for one other gentleman,
maturity of
he was the only member of the Congress actually to take up arms
in the war when it did break out. How many times in history this
phenomenon has recurred may not be entirely impertinent to
history of American statesmanship. So few who have pressed
war have participated in its battles and vice versa.
the
for
In 1765, while these three pamphlets were being circulated
James Wilson (1742-1798), a youthful native Scotsman
studied at St. Andrews and Edinburgh universities, arrived
in America. After studying law in the office of John Dickinson for
a few years he settled in practice at Carlisle, Pennsylvania. His
Considerations on the Nature and Extent of the Legislative Auinitially,
who had
concluded that such authority
These Considerations likewise were widely read by
thoughtful persons in both England and America. His statement
thority of the British Parliament
was quite
nil.
that "all the different
states,
the
members
of the British
Empire are
distinct
independent of each other, but connected together under
same sovereign"
cast a plan for conciliation
anticipate the ultimate British
Commonwealth
and seemed to
of Nations of the
twentieth century.
Relevant to the contract theory was the natural status of the
parties to the contract as to their natural rights
and
their situation in a state of nature
abrogated.
As
early as 1763,
if
under natural law,
the contract should be
James Otis (1725-1783), Harvard
graduate, Boston lawyer, and correspondent of John Dickinson,
had declared that "Every British Subject in America is, of Common Right, by Acts of Parliament, and by the laws of God and
Nature, entitled to all the essential Privileges of Britons." So there
were God-given rights as well as civil rights. The next year, to
counteract the Sugar and Stamp acts, he illuminated The Rights
of the British Colonies Asserted and Proved, in what Professor
Charles H. Mcllwain of Harvard 150 years later said was "one of
VI. American Political Thought
402]
the earliest and ablest pamphlets written
point of view."
from the natural law
15
Natural law was acknowledged by William Blackstone, whose
Commentaries on the Common Law also appeared in 1765 and
was read profoundly in America as well as in his own England.
Standard reading in America also was John Locke's Two Treatises
on Civil Government, which considers Richard Hooker, who in
turn considered Saint Thomas Aquinas, whose theory of natural
law was classic although not always understood correctly by
some of his professed followers even in the mid-twentieth century.
But Otis, reflecting on the constitutional ideas of Lord Coke and
Sir Matthew Hale, sharply invoked fundamental law that embodied principles of natural law. Colonial publicists like John
Adams were familiar with at least some attributes of natural law.
From allegiance to the contract theory and the natural law, it
was but a short step to belief in the right of revolution when it
was felt that the contract had been broken. For the government
to enforce a law contrary to the constitution could be regarded as
a violation of the contractual relations. For a royal customs collector to procure from the courts Writs of Assistance to be used
for searches in the enforcement of tax acts was illegal to the legal
mind of James Otis. He argued against them in the Superior
Court in Boston, and according to John Adams, "American Independence was then and there born; the seeds of patriots and
heroes were then sown." 16 John Adams, witnessing the procedure,
noted that Otis had said that
An
is
is void; an act against national equity
an Act of Parliament should be made, in the very words
petition, it would be void. The executive courts must pass such
act against the Constitution
void;
of this
and
if
acts into disuse. 17
How
Thomas Aquinas.
Consciously or otherwise, Otis had taken the same position as
Saint
like the reasoning of Saint
Thomas Aquinas
any law contrary to the
law is that part of divine
law of which man is cognizant. But possibly Otis was thinking of
reason in the common law as being superior to an act of Parlianatural law
is
no law
at
in holding that
all,
15 C. H. Mcllwain, The
16 John Adams, Works,
Ibid.,
p. 522.
since natural
American Revolution (1923),
X, 247.
p. 153.
a*
American Political Thought XXVIII.
-?
[403
i
ment, and in doing so he anticipated the position of Chief-Justice A ^
John Marshall in the Supreme Court case of Marbury v Marshall) j^h
1804 when he held
in
the United States
Thomas
is
that a congressional statute in conflict with
void.
Common
Paine, author of
Sense, also took the posi-
King of England had broken a contract with his subjects. Patrick Henry in the Continental Congress orated: "We are
in a state of nature, Sir. All America is thrown into one mass."
And from this state of nature in a Lockean sense, a new government could be formed, a product of revolution. The idea was
tion that the
crystallized in the Declaration of
Independence:
Whenever any form of government becomes
it
new government,
ing
destructive of these ends,
the right of the people to alter or to abolish
is
its
safety
laying
its
powers in such form, as
and happiness.
Books
session of
in the Library of
Thomas
shall
own
As
and
to institute
seem most
likely to effect their
Congress that once were in the pos-
Jefferson and apparently annotated marginally
by him, bear eloquent testimony
science.
it,
foundations on such principles and organiz-
to his erudite reading in political
to the effect of his reading
political philosophy, there
upon
has been
the formulation of his
much
elucubration. There
are impressive evidences of his response to ideas as found in
works
by Saint Robert Bellarmine and by Saint Thomas Aquinas. How
conscious he was of the original sources of his ideas is another
matter of interest. Judging from his aversion to Plato's writings and
yet the complete
harmony
of
many
of his
own
propositions with
those inferred from a correct interpretation of Plato, one might
opine that Jefferson's erudition might have originated with him as
primely as with his philosophical predecessors.
If so,
we may
ac-
count for principles of Plato's Republic in the Declaration of
Independence despite Jefferson's expressed aversion to Plato's
Republic when he wrote to John Adams that his reading of it
"was the heaviest task-work I ever went through" 18 and that
"Socrates
had reason, indeed,
to
complain of the misrepresenta-
tions of Plato: for in truth, his dialogues are libels
18 See The Jeffersonian Cyclopedia,
No. 6680, "Plato's Republic."
19 Ibid.
ed.
by
J.
on Socrates."
19
P. Foley (1900), p. 697,
\s L
-
VI. American Political Thought
404]
Referring to Plato in a letter to William Short, Jefferson also
wrote that
"No
writer, ancient or
modern, has more bewildered
renowned philosopher
the world with such ignes jatui, than this
in ethics, in politics,
and physics."
20
Yet with modern political hermeneutics, one may perceive
works were proposing precisely what Jefferson
desired: freedom of the individual from dominance of the state.
Plato's Republic may be interpreted, not as a proposed earthy
polity, but rather as a symbol of what the human soul seeks, a
republic within himself somewhat like William Penn's dictum that
"The Kingdom of God is within you." The function of earthly
government is to protect this inherent dignity of the human soul
even as Saint Thomas Aquinas would exhort and as proposed in
readily that Plato's
the Declaration of Independence.
Rooted deep in many sources, the political theories of the
American Revolution in 1776-1783 embraced both legal and
political rights. Legal rights were claimed from the colonial
charters and from the constitution of England, which from the
Whig viewpoint was based on natural law: "We Hope In God."
Political rights included the rights of man, social contract, and the
resultant right of revolution. Beginning with loyalty to the king of
England and with hope for obtaining their just rights from him,
the colonists proceeded to independence and representative government. To attain representative government it was necessary
that constructive principles, rather than revolutionary dogmas, be
implemented after the Revolution. Under the Articles of Confederation in 1783-1789 the political philosophers devoted their
thinking to this end.
THE CONSTITUTIONAL PERIOD: 1789
AND AFTER
The
Articles
of Confederation in operation in
1783-1789
anticipated the Constitution as adopted in 1789. Experience as a
confederation under the Articles revealed the necessity of a "more
perfect union," especially in that the confederation
as a nation, lacking as
state
it
was so impotent
did the power to tax or to regulate inter-
commerce. While the revolutionaries had sought independ-
20 ibid.
American Political Thought XXVIII.
[405
ence from big government, the importance of some such instrument
was now perceived and statesmen proceeded to fashion it.
now were concerned with creative
government rather than with speculations
upon democracy or even on a bill of rights. These could be deferred. Their immediate concern was for law and order and
property rights. This required stable government. With thirteen
separate discordant states, or quasi-nations, each claiming sovereign power such as had been enjoyed by the king and parliaStatesmen in leadership
ideas for constructive
ment of England, the problem of forming an adequate national
power that would allow separate state autonomy and liberty was
a major one of political philosophy. Upon its solution depended
the form of government and the assurance of human rights.
To
that
secure mutual understanding, a written instrument evolved
came
to
be considered one of America's greatest contribu-
tions to applied political science. In the sweltering heat of the
Philadelphia
summer
of 1787, the
Founding Fathers met
in Inde-
pendence Hall without air-conditioning and fashioned the Constitution of the United States, which can be read within a half
hour but which gave the word "constitution" a significance it
never before had connoted. It is quite different from the Constitution of
Athens accredited to Aristotle and for which he was
indebted to prior political thinkers, including Solon, Herodotus,
Xenophon, Thucydides, and most
particularly Androtion. It
is dis-
tinguished above Justinian's hundreds of novellae constitutiones,
which essayed to codify the laws of Rome. It went beyond the
Constitution of Clarendon of Henry IPs England of a.d. 1164,
which expressed some of the unwritten customs or mores of the
realm. Likewise,
stitution"
of
it is
distinct in nature
from the singular "Conwhich was unwritten
eighteenth-century England,
but which included the physical body or structure of the English
political
system with
its
governmental organs and
its
people in
was an original constitution, which
William E. Gladstone (whose parliamentary career in England
extended through sixty years) said was the greatest political instrument ever struck from the mind of man.
While original, the Constitution contained substantial factors
that were not entirely new. In the Constitutional Convention,
Benjamin Franklin, its eldest statesman at eighty years, noted that
their political relationships. It
VI. American Political Thought
406]
they had sought ideas from
many
sources and, not finding sufficient
guidance for the American environment, he suggested that they
invoke divine aid. As a product of eighteenth-century thought and
American Constituthe essence of cosmopolitan wisdom dis-
the ancient antecedents to that thought, the
some
tion contains
tilled
of
through the ages.
In
it,
many
immigrants from
cultures might identify derivatives
of their native philosophical heritage
ing warmth.
The
and respond to their welcomwas exposed even to
Constitutional Convention
the influence of Confucius' and Mencius' doctrines. These, trans-
by the Jesuits since the late seventeenth century, had peneEurope and from there, through the German Leibnitz and
Wolff and the French Turgot and the Physiocrats, had reached
Jefferson and Franklin. Incidentally, Franklin, the octogenarian
lated
trated
of the Convention, congenial to the
more youthful
delegates in-
cluding Hamilton and receptive to youthful vision, could have
typified
Mencius' idea of a great man: one
who
has not lost the
appeared also in Adam Smith's
Wealth of Nations (1776). Applicable to growing American in-
child's heart. Physiocratic ideas
dividualism was the Physiocratic principle of non-interference with
workmen who
desired to
make
things even
if
they did not belong
monopolies and injustice warranted interference
by the government a principle expressed by the term laissez-
to guilds, unless
faire.
This harmonized with both Jefferson's and
Thomas
Paine's
theory that the less government necessary the better for liberty.
Many
other political principles engaged the attention of the
Constitutional Convention.
Madison, much of
its
Due
to the ingenious diligence of
consideration was recorded and
is
James
avail-
able. 21
The
Constitution as finally
composed and adopted by the Con-
vention in Philadelphia and submitted to the several states for
ratification
litical
was the stimulus
theory. This obtained
Persuasive essays urging
for
much more
rationalization in po-
on both national and
local scales.
were published by Alexander Hamilton, James Madison, and John Jay. These were collected in a volume entitled The Federalist. For 170 years, these
21
See
Max
its
ratification
Farrand's edition of The Records of the Federal Conven(1911-1937); and his Framing of the Constitution
(1913), both published in New Haven at Yale University Press.
tion of 1787, 4 vols.
American Political Thought XXVIII.
[407
essays have been accepted as authentic expositions of the purposes
of various principles of the Constitution. John Dickinson wrote as
"Fabius," urging ratification. In the states, the debates comprised
three volumes under the caption "Debates, Resolutions and Other
Proceedings in Convention on the Adoption of the Federal Constitution." They were collected and published in 1827-1830 by an
English immigrant, Jonathan Elliot.
Still
available, they are
popu-
known as "Elliot's Debates."
Of the two major designs of
larly
the Constitution, one was to
from possible emergent tyranny
government a possible Hobbesian Leviathan whether
in
wrought by patricians or plebeians. The other design was to proinsure protection to the individual
vide
economy and
efficiency in the
should be found necessary to the
The
first
objective
harmony
of the state
man
was
to
as
was
where the function
advance the individual's personal
to use
a tool or
as a slave of the state. This
with the ideal of Plato's Republic,
and happiness rather than
end in itself.
To
good.
would feature government
servant of man, rather than
in
governmental agencies that
common
life, liberty,
man's existence for the
protect such happiness of the individual, the
state as
an
American
Constitution provided for short terms for the president
(four
years) and for the representatives in Congress (two years).
Gov-
ernmental power was divided horizontally and
Hori-
vertically.
it was divided into three branches: executive, legislative,
and judicial somewhat after the experience of Hebrew government of the Old Testament, and to a measure after the polity of
England as elaborated by Montesquieu in The Spirit of the Laws.
Vertically, the sum of the federal governmental power was comprised of that which the component states had granted to the
central or general or national government and of that which was
retained by the states. That granted to the national part of the
federal government was enumerated in the Constitution and came
to be known as enumerated powers. That which remained with
the component states constituted the residuum of power or sovereignty. Since the states maintained this residuum of sovereignty,
they needed no constitution to grant them powers. Each state, however, formulated a constitution constructing a frame of government.
In general they followed the form of the federal government with
zontally,
VI. American Political Thought
408]
the separation of powers.
chusetts,
in the
For
adopted in 1780 and
government of
this
shall never exercise the
instance, the Constitution of
still
Massa-
in force, stipulated that
commonwealth, the
legislative
department
executive and judicial powers or either of
them; the executive shall never exercise the legislative and judicial
powers or either of them; the judicial shall never exercise the legisla-
and executive powers or
tive
either of
them
to the
end that
it
may
be a government of laws and not of men.
Naturally,
men were needed
to administer the laws, but they
The power of the legislawas divided into two houses, and the federal purse strings
were to be held by that house closer to the electorate the House
of Representatives. A federal Supreme Court was created, which
eventually established the supremacy of the Constitution as the
fundamental law even as colonial courts had pronounced the
supremacy of colonial charters; so that legislative acts in conflict
with the fundamental law were null and void just as in Saint
Thomas' view any positive law in conflict with natural law was
no law. Military service was subordinated to the civil authorities,
thereby assuring a bulwark against military dictatorships and
military imperialism. This advanced a principle in Plato's most
mature work, the Laws, wherein he opposes the Spartan type of
military man and the idealization of war. (In his Gorgias, too, he
themselves would be under those laws.
ture
opposes
all
imperialism, the Athenian imperialism of Pericles not
excluded, and maintains that the best protection of the state
is
virtuous citizenship and virtuous leadership.)
The second general objective of the federal government, the
was provided by the independence, within
limits, of the executive, and by the congressional power to create
efficiency of service,
necessary administrative agencies with congressional supervision
over them. Such supervision was spelled out in 1948 in the Administrative Procedure Act, to
mended
in
1956
in the
which modifications were recomHoover Commission Reports.
Many nations have tried to imitate this Constitution. 22 Tributes
have been paid to the breadth and depth of its appeal and warnings
have been sounded as to disasters that might result from a mis22 See Amos J. Peaslee, Constitutions
of Nations,
N.H.: Rumford Press, 1950).
vols.
(Concord,
American Political Thought XXVIII.
understanding of
its
[409
philosophical basis or a misinterpretation of
its
clauses.
For the Constitution was
philosophy
definitely
formulated upon a dualistic
which the essential difference between matter and form was recognized, and the Constitution was designed to
permit changes of form as needed through the years to come without sacrificing its substantial guarantees. But the economic challenge
of today, which in rejecting dualism, either for monism or its counterpart, pluralism, places matter and form on the same level of thought,
completely wipes out fundamental law and all law while substituting
mere regulatory decrees in its place. 23
Scholastic
in
So the basic philosophy of the Constitution
and implementation. Its
natural law is one of these essentials.
is
proper interpretation
essential to its
the
to
relation
THE CONSTITUTION AND NATURAL LAW
While under the Articles of Confederation, the thirteen states
were virtually engaged in cold wars threatening the advent of
interstate anarchy. The need of a law higher than that of any one
state was obvious then
World War II. Parallel
as well as in the
situations in
world situation
European
history
after
had
re-
sulted in the recognition of such a law, denominated natural law,
which according to Saint Thomas Aquinas is that part of divine
law made known to man through the light of reason. Law, as
such, he averred,
is
an ordinance of reason for the
common
good.
American Founding Fathers may not have envisioned natural law in just this sense, many of them did have a
While
all
the
concept approaching
The
been
it.
24
idea of natural law, natural rights, or natural justice had
essential to the colonists
23
M.
T. Rooney,
and to
"The Constitution of the United States"
Official Publication of the Intercollegiate
Vol. 22, No. 3
24 See
(New York,
James
their overseas predecessors,
in
The
Federation of Catholic Alumni,
1939).
Walsh, The Education of the Founding Fathers (New
York, 1935); William F. Obering, Philosophy of Law of James Wilson,
(Washington: Catholic Philosophical Association, 1938); and Clarence
Manion, The Founding Fathers and Natural Law (Pamphlet) (South
Bend: Notre Dame University Press, 1948).
J.
VI. American Political Thought
410]
who needed
a higher authority for guidance to their freedom of
conscience and religion. Social rights were indicated in both the
Bible and in Aristotle.
The Bible
said that
it
was not good
for
be alone. Aristotle said that man is a social being. Inferentially, both authorities advised that man achieves his greatest
man
to
community life. Consequently, man should maintain
community in such a way that the individual may, through it,
achieve his best potential and oppose the contrary. Hence, the
potential in
the
natural right of revolution.
By
logical processes, natural
law be-
the foundation of the bills of rights in both the federal and
came
the state constitutions. 25
In their reflections on natural law, the Founding Fathers were
not confined to the simplified alleged line of transmission of natural
law from Saint Thomas Aquinas to Richard Hooker to John Locke
to Thomas Jefferson that some political theorists have been so
fond of narrating.
Students of political theory
may
recall that ideas of natural
works of Aristotle and other ancients, of Saint Thomas
Aquinas and other medievalists had become current in eighteenth-
rights in the
century thinking.
Aristotle's
"Natural justice
law because
right because
is
it is
cryptic
it is
line
right;
in his
Rhetoric,
that
conventional justice
law," was actively pursued. Zeno and
is
some of
and justice emanated from
man's reason rather than from social compacts; and they elaborthe Stoics later perceived that law
ated the doctrine of equality. This was
much
the
same idea ex-
pressed later by John Dickinson. Cicero in his Republic and in
Laws traces the origin of the state to natural law and justice,
which man-made (or positive) laws should not contradict. During the Middle Ages, materials for the study of law included'
treatises of Roman lawyers expounding ideas of natural law, of
natural reason, and of the people as the ultimate source of political authority. There was Saint Augustine's assertion that a law
made by a ruler was not to be obeyed if it was contrary to divine
and natural law. So with Saint Thomas Aquinas. What a suggestion in natural law for revolution or at least passive resistance!
Saint Thomas Aquinas in the thirteenth century, with his com-
his
prehensive original thinking on natural law, accepted some of the
25
For a general, thorough examination of natural law and its relapositive law, see R. F. Begin, Natural Law and Positive Law
(Washington, D. C: Catholic University of America Press, 1957).
tion
to
American Political Thought XXVIII.
[411
propounded by the
John Fortescue of the fifteenth century
essayed a state of nature wherein natural law and perfect justice
dictated by God prevailed. Philip Melancthon in the sixteenth
century treated of human instincts concerning right and wrong as
or as a means of finding it along
a foundation for natural law
with Saint Thomas' reason and revelation. William Penn of the
seventeenth century, writing of The People's Ancient and Just
doctrines of natural law and natural rights as
Roman
lawyers.
Sir
Liberties Asserted (1693), treated of fundamental laws of nature
and impervious to human alteraand the Founding Fathers, right reason was
a directive as were the works of Grotius, Vattel, Pufendorf, and
Burlamaqui. Blackstone, in his Commentaries (1765), recognized
natural law even if he would not declare that a king's order in
conflict therewith was void
as would indeed Lord Coke, Saint
Thomas, and Saint Augustine.
In colonial New England, James Otis considered that God
made the lav/ of nature and urged that lawyers keep available a
volume on natural law. He held that God Almighty "has given to
all men a right to be free." Samuel Adams proposed that the right
to life, liberty, and property was of the first law of nature, being a
right of self-preservation, and he noted that "The rights of nature
that were eternal, unchangeable,
For the
tion.
colonists
are happily interwoven in the British Constitution. It
is its
glory
copied from Nature." John Adams, his more conserva-
that
it
tive
kinsman, considered that principles of the Revolution stood
is
on sources that included eternal reason and nature. He said that
rights are from "the Great Legislator of the Universe." John Wise,
widely read, referred in 1772 to "the dictates of right reason,"
and "the law and light of nature," to "the moving suggestions of
humanity," and "the just demands of natural liberty, equity,
equality and principles of self-preservation." By now, it seemed
that man could know natural law, or at least some characteristics
of it, through reason, revelation, nature, instinct, and the suggestions of humanity.
Outside of
New
New
England, Alexander Hamilton, educated in
Jersey, while considering the "sacred rights of
mankind,"
"They are written as with a sunbeam in the whole volume
of human nature, by the hand of Divinity itself and can never be
erased or obscured by mortal power." Particularly significant was
said:
his
argument that natural
rights are traceable to
many
sources in-
VI. American Political Thought
412]
common law
That the comHamilton
as a source
mon law of England should be regarded by
twentieth-century
of natural rights was of momentous import, and
scholarship would sustain him. As Dr. M. T. Rooney, dean of
Seton Hall Law School, says: "During the first five hundred years
of the existence of the Common Law as an autonomous legal
system, it was formulated, nurtured, and developed by men who
were not only jurists of eminence but also thinkers trained in
eluding religion and the
Scholastic principles."
the
common
Many
jurists
of England.
during the formative years of
law "brought to their professional duties a belief in
the value of the
mon Law than
human
soul
much more
the adaptation of
Canonical procedures
chief contribution." 26 She adds:
them as their
"The Constitution of the United
States as the fundamental
the land, is the crystallization of
many
usually credited to
Com-
significant for the
Roman and
law of
of the Scholastic principles
whole Common Law system." 27
Likewise, Rev. Robert J. Gannon, S.J., addressed lawyers in
Brooklyn in 1958:
implicit in the
The supremacy of law over
the English
rather than
Common Law
the ruler, was handed down to us through
which derived from custom and tradition
from formal codes.
law that was in
its
It
recognized the existence of a higher
broadest outline knowable through reason, know-
able because it could be deduced from the nature of man.
Our
Founding Fathers not only preserved for us the English Common Law
and the parliamentary tradition but also carried over from the Middle
Ages the Augustinian concept that all men are equal under God as
.
persons; as individuals, that
of
God and
The source
of Pennsylvania
from
is,
of natural law
when he
with spiritual powers; as adopted sons
Kingdom
heirs of the
of Heaven. 28
was sensed
also
by John Dickinson
do not come
recalled that "our liberties
charters; for these are only the declaration of pre-existing
rights.
They do not depend on parchments or seals; but come from
Lord of all the Earth." Likewise, George
the King of Kings and
Mason
in Virginia argued that "the laws of nature are the laws of
God, where authority can be superseded by no power on earth."
So from Massachusetts to Virginia, natural law of a kind was
26 "The Constitution
." p. 8. See also her Lawlessness, Law, and
Sanction (Washington, D.C.: Catholic University of America Press, 1937).
27 "The Constitution
." p. 10.
.
2 &The Tablet (Brooklyn,
N. Y.: September
20, 1958), p. 9.
American Political Thought XXVIII.
acknowledged
tion.
in the formative years of the
towering power in the
juristic
[413
American Constitu-
thinking of this period was
James Wilson of Pennsylvania. Proceeding beyond Blackstone's
limited view, in his law lectures in Philadelphia he said that "Parliament may unquestionably be controlled by natural or revealed
law, proceeding from divine authority." For the growing American
nation, with its expanding frontiers in geography, education, and
scientific invention, James Wilson proclaimed a concept of natural
law particularly adaptable in that it was progressively applicable
even as
to evolving higher standards of living and of morality
they portended to global situations.
century
later,
Professor
John W. Burgess of Columbia University in his famous work on
Political Science and Comparative Constitutional Law (1890) re-
marked
"that the Creator of
man
implanted the substance of the
man"; and President Theodore Roosevelt in
1906 acknowledged James Wilson's political theories as his personal guide to political action. Natural law had been adjusted to
state in the nature of
expanding national
situations.
THE CONTRACT THEORY OF GOVERNMENT
Since the natural law assured
men
of God-given rights,
it
was
quite natural that they should covenant with one another for the
mutual protection of these sacred rights. Collectively they might
create a governing authority and then contract among themselves
and with that governing authority, with considerations of obedience on the part of the governed, and of justice on the part of
the governors.
In
some minds
American colonials had access to such philosophy.
it was thought that in previous ages men had been
in a state of nature or of anarchy, subject only to the
nature in the sense of the law of the jungle
law of
and
the law of claw
was devised an agreement or social compact
through which the weak might be protected from the strong, so
that, metaphorically speaking, little fish would not be consumed
fang. Eventually there
by bigger
Even
fish
and the
lion
might recline with the lamb in safety.
Compact of 1620 evolved from fac-
the exalted Mayflower
among the sea-tossed during the long voyage that
could have pressed them toward reversions to the primordial;
nearly every one of forty previous voyages to New England had
tional situations
ended
in failure.
VI. American Political Thought
414]
Such a compact idea had a kind of antecedent in the Old
Testament account of the covenant between God and His chosen
people, who, after deviation from the obligations of the covenant,
became the object of severe warnings from the prophets. The
compact theory as a source of law was treated by Plato in both
his
Republic and his Protagoras. Likewise by the Epicureans.
theory of a pact between society and kings was expressed by Saint
Augustine. Richard Hooker's Ecclesiastical Polity
(c.
1594)
in-
American thought on the formation of government
through mutual consent or through contract to which both the
governor and the governed were subject parties. Pufendorf indicated two separate contracts. The Vindiciae contra tyrannos of
the sixteenth century considered a three-party contract between
God, the king, and the people, the last two parties agreeing to
rule and obey, while both agreed with God to sustain his elect. If
fluenced
the king should violate this agreement he could be resisted. In
modified form, the contract theory was held by John Milton,
Thomas Hobbes, and Jean Jacques Rousseau, which
fact gave
it
dominance in political thought for approximately two centuries.
During the American Revolution in 1780, Jonathan Mason, Jr.,
indicated that America was in the "original state of nature." In the
same year the people of Massachusetts formed their constitution,
which has endured nearly two hundred years and stipulates that
"The body politic is formed by a voluntary association of individuals; it is a social compact, by which the whole people
covenants with each citizen, and each citizen with the whole people
that all shall be governed by certain laws for the common good."
During the following year, Thomas Dawes, Jr., declared that
"the people of Massachusetts have reduced to practice the wonderful theory" of the compact. Its roots had run deep in previous
history and philosophy. From it, the agitators for the Revolution in
1775-1783 could argue justification of the Revolution because the
king had violated his obligations in the contract and they were
being subjected to governmental decrees without their consent.
The theory persisted into the period of the federal Constitution
away from it after the utilitarian denial of it by
(1711-1776). Thereafter, some states in their constitutional bills of rights asserted the compact theory. The Kentucky Constitution of 1890 declared that "All men, when they
form a social compact are equal."
despite the trend
David
Hume
American Political Thought XXVIII.
[415
THE THEORY OF FEDERAL SOVEREIGNTY
For the 170 years
since
1789, the nature and location of
federal sovereignty have been of such importance as to engage the
superlative thinking of superlative minds.
Upon
nature and
its
location depended the national government's authority to par-
world affairs, which by 1959 extended to Outer Space.
Upon it also depended the remaining authority for the functions
that might be conducted by the state governments and the manner
ticipate in
in
which they might be conducted
in education, for instance,
with such problems as the desegregation of racial groups in the
some powers residing
government and the remaining powers residing in
the state governments. Together, they comprise the federal powers
emanating from the total federal sovereignty. Those powers
granted to the national government are enumerated with an elastic
clause providing that the national congress may exercise whatever
1950's.
The
federal Constitution recognizes
in the national
may be
other powers
How
"necessary and proper" for carrying out the
and "proper" be defined, inand construed? Does the power to tax for the common
defense and general welfare allow the national government to do
anything that it might consider conducive to the general welfare?
If so, could the national government absorb all the functions of
the state governments in the presumed interest of the general
enumerated.
shall "necessary"
terpreted,
welfare?
And
all
private industry?
What
are the limits,
if
any, to a
Hobbesian Leviathan? Powers not so enumerated for the
national government or prohibited to the states are reserved to
"the states" or to "the people." What people? Those of each state
or those of the United States collectively? Such perennial problems arise from two provisions in the federal Constitution: The
first is Article X, the "Tenth Amendment," which declares that
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
potential
respectively or to the people."
The second
is
Article
I,
Section
8,
which authorizes the Congress "To make all laws which shall be
necessary and proper for carrying into execution the foregoing
powers, and all other powers vested by this Constitution in the
government of the United States, or in any department or officer
thereof."
These two pronouncements resulted in two schools of
inter-
VI. American Political Thought
416]
pretation culminating in two political parties that precipitated the
War, which
Civil
in turn did not settle all of the potential con-
troversies resulting
from those pronouncements,
as witness the
civil rights in the 1950's. One school was that of the
"Broad" or loose interpretation and construction of the Constitution, which looked to a powerful "central" or "national" government. The other was that of the "Strict" or narrow interpretation
or construction, which desired a limited participation in affairs on
the part of the central or national government and more conse-
problems of
quent liberty for the states to carry out their affairs as they desired
the states-rights view. Thus were shaped the two national
political parties:
the Federalist Party of broad national power,
and the Anti-Federalist Party of
came
state sovereignty that later be-
the Republican-Democratic Party and finally the Democratic
Party prior to the
"New Deal" Democratic
Party of 1932.
Despite the tragedy of such differences of interpretation, the
generality or vagueness of these constitutional provisions
had some
measure of redeeming value in that they were elastic enough to be
adjusted to problems of the nuclear age, which could not have
been dreamed of when they were written.
The preamble to the federal Constitution makes the parties to
the instrument "We, the People" rather than "We, the States."
Hence, the question of who consented to the agreement: the people
of the states separately or of the United States collectively? And
whose might be the right of revolution in the event of one party's
breach of agreement? Where resided sovereignty? The Constitution did not mention that word. Patrick Henry of Virginia, who
had been such a radical agitator for the Revolution, desired states
rights and was antagonistic to the Constitution. Samuel Adams, of
Massachusetts, the "Father of the Revolution," opposed the Con-
and in 1788 wrote "I meet with a National Government instead of a Federal Union of Sovereign States."
Had the colonies separated from one big government to be
subjected to a newly created Leviathan? Their fears for the freedom of their respective states were somewhat like those held by
some American statesmen for the United States in 1919 with regard to the erstwhile League of Nations and in 1945 to the United
Nations. Would American sovereignty be subordinated to a
stitution at first
superstate?
As
with the nature of natural law and of the social compact,
American Political Thought XXVIII.
[417
history afforded rich resources of tested thought. Aristotle
had
indicated that the whole people or the electorate constituted the
residuum of ultimate power. So had the Roman lawyers Ulpian,
had suggested that the state is best
when some control of it is shared by every citizen. Marsilius of
Padua in his Defensor pads theorized on the sovereignty of the
people and the right to rule by the majority of them. But Saint
Thomas Aquinas previously had warned that the majority could be
wrong. William of Ockham had a clear conception of popular
power. Francisco Suarez (1548-1617) recognized popular sovereignty that might be delegated to a monarch. Juan de Mariana
(1536-1623) and Johannes Althusius (1557-1638) visualized
political authority in popular support. John Milton (1608-1674)
held that political power basically is in the people and that liberty
is for all of the people. James Wilson of Pennsylvania envisioned
Florentinus, and Gaius. Cicero
sovereignty as residing in the people rather than in an assemblage
of
states.
legislators
Accordingly, he favored the popular election of
and of the president
a view
amendment
century later in the seventeenth
Amendment
ported in the proposed Lodge
all
actualized in part
of
1913 and sup-
of the 1950's.
In 1798, the enactment by congress of the Alien and Sedition
Laws
served to activate the theory of state sovereignty. In op-
Kentucky Resolutions were
by Madison and Jefferson respectively in 1798-1799
relative to sovereign powers
each author subsequently becoming
president of the United States. Both resolutions stressed the states
as parties to the Constitution. The Virginia Resolution, drafted by
Madison, who was educated in New Jersey at Princeton, after
referring to the grants enumerated in the federal Constitution
declared that "in case of a deliberate, palpable, and dangerous
exercise of other powers not granted by said compact, the States,
who are parties thereto, have the right and are in duty bound to
position to these acts, the Virginia and
drafted
interpose for arresting the progress of the evil." Just
states
might interpose was
left
to
conjecture.
how
the
The Kentucky
Resolution, referring to the Constitution, declared that "to this
compact each State acceded
its
co-States forming, as to
as a State,
itself,
and
is
an
integral party,
the other party" and that "when-
ever the general government assumes undelegated powers,
mean
nullification.
its
acts
and of no force." Virtually, this would
But who might determine whether or not the
are unauthoritative, void,
VI. American Political Thought
418]
general government assumed undelegated powers?
The Kentucky
Resolution stipulated that
the government created
by
this
compact was not made the exclusive
or final judge of the extent of the powers delegated to
itself;
since
would have made its discretion, and not the Constitution, the
measure of its powers; but that as in all other cases of compact among
parties having no common Judge, each party has an equal right to
judge for itself, as well of infractions as of the mode and measure of
that
redress.
The
tariff
(dubbed the "Tariff of Abominations"),
of 1828
offensive to the Southern States, resulted in further vitalization of
John C. Calhoun
"The
South Carolina Exposition" based partly on the Virginia and
Kentucky Resolutions. In his Disquisition on Government he attacked the idea of a sovereignty divided between the national and
the states sovereignty or states-rights doctrine.
of South Carolina, educated in Connecticut at Yale, wrote
state
government: "Sovereignty
destroy
it.
It is
the supreme
is
an entire thing; to divide it is to
in the state and we might just
power
as well speak of half a square or half a triangle as half a sover-
eignty."
The
was empowered to exercise some
by the sovereign states. Calhoun advanced
national government
powers delegated to
it
wherein he insisted
and void any act contrary to
the Constitution, and he claimed the right of any one single state
to secede from the union by virtue of the separate individual state
his theories to the doctrine of nullification,
that the states might consider null
sovereignty.
This stressed state sovereignty more than did the
which implied interposition, rather than
by "the States" rather than by a single state.
By 1830 a congressional resolution the Foote Resolution
proposing to limit the sale of lands of the public domain in the
Virginia
Resolution,
secession,
western states again dramatized the question of sovereignty
whether
state or divided
in the
famous senatorial debate between
Daniel Webster of Massachusetts and Robert Y. Hayne of South
Carolina.
Hayne
the Constitution
resorted to the Calhoun Exposition, claiming that
was adopted by the people of the separate states
by the people of the nation collectively. Webster, in
argued that the Constitution was a creature of the people of
the United States.
rather than
reply,
The
extension of slavery into the federal territories of the West
American Political Thought XXVIII.
[419
brought Lewis Cass's proposal (1847) that the people residing in
these territories decide whether or not they would have slavery.
This would constitute a sort of local sovereignty on national
soil.
Supported by Stephen A. Douglas, a native of Vermont, this
theory became propagandized as "popular sovereignty" and was
By the Kansas-Nebraska
Act of 1854 each separate area might have decided the local
slavery question for itself, but in 1857 the United States Supreme
Court decided, in the Dred Scott Case, 29 that the federal territhus ending the application of the
tories were open to slavery
doctrine of territorial popular sovereignty. During the following
year, the Lincoln-Douglas debates showed to the Southern States
the importance of secession if they would retain slavery from dederisively called "squatter sovereignty/'
struction through federal power.
native of Kentucky,
now
the
War
On
July 4,
1861, Lincoln, a
President, addressed a message
Congress in which he denned sovereignty as "a political
community without a political superior" and declared that "Tested
by this, no one of our states except Texas ever was a sovereignty.
Originally some dependent colonies made the Union, and in
turn the Union threw off their old dependence for them, and made
them states, such as they are. Not one of them ever had a state
constitution independent of the Union." Here apparently Lincoln
was not alluding to colonial charters like those of Connecticut and
Rhode Island, which were continued in operation as state conto the
stitutions after the Revolution.
While slavery was a challenge to the theories of sovereignty,
had been attacked on other grounds. William Rawle, an associate
of George Washington, argued against it on constitutional principles as John Woolman had opposed it from the viewpoint of
it
General Joseph Bloomfield of
Christianity.
Dissertation
in
1804
on Slavery
as governor
in
1796 proposed
its
New
he signed a gradual emancipation act when
slaves constituted about six per cent of the total
lation.
By
influence
Jersey in his
gradual abolition, and
New
Jersey popu-
1860, there were just eighteen slaves in the
was extensive
in space
and
state.
His
in time, his Dissertation being
reprinted in Philadelphia as late as 1861. In the South also gradual
was taking place as plantation ledgers showed
economic inexpediency after the invention of the cotton
gin and the advent of an industrial age.
emancipation
slavery's
29 19
Howard, 393.
VI. American Political Thought
420]
After the Civil War, the two constitutional provisions quoted
above continued to be storm centers of legal and political theory
on a wide variety of proposed governmental activities. Questions
as to whether certain functions should be performed at all by any
level of government or should be left to private enterprise on the
principles of Adam Smith's Wealth of Nations were seemingly
perennial.
Functions that are classified as legitimately govern-
mental in nature stimulate theories as to whether they should be
performed by the national government or by the state governments
or by a coordination of both levels of government into a veritable
federalized effort.
Within the Constitution
itself,
or implied therein, are other
principles of importance similar to the basic theories of natural
law, social contract, and sovereignty, each predicated
upon deep-
rooted historical antecedents. These include such principles as
equality before the law, civil liberty, ownership of property: in
short, the Bill of Rights.
Other implicit theories
tional status such as judicial supremacy, the
the police
power
of states.
relate to institu-
law of nations, and
Throughout American
history, also,
there has been a multiplicity of issues or ideas derived
ations
principles. Others
issue
Some such
needing solution.
stage
e.g.,
it
became
proved to be ephemeral. Others
isolationism,
definitive elaboration of
essay. Suffice
ideas
expansion,
still
from
situ-
established
are in the
imperialism,
etc.
each would be disproportionate to
A
this
to note that pursuant to the brief Constitution of
more than a hundred
heavy tomes of Congressional Acts. Pursuant to thousands of such
Acts, there have been issued many volumes of executive orders
the United States there have been enacted
and many thousands of orders and regulations of
all
expressive of American political
theory or derivative of it. So with the legislatures and administrative functionaries of each of the fifty states and of hundreds of
of the president
administrative
agencies
municipalities throughout those states.
MINOR POLITICAL PARTIES
Many
of the political ideas that became a permanent part of
American political and governmental system were propagandized by minor political parties or by civic associations and,
after winning public support, were adopted by the major political
the
American Political Thought XXVIII.
[421
powers and put into operation. Platforms of all of the American
political parties from 1840 to 1956 inclusive are reprinted in full
in Kirk H. Porter and D. B. Johnson's compilation of National
Party Platforms, 1840-1956. In them may be found virtually all
the major
and minor
during that
An
1 1
issues that
have been before the electorate
6-year period.
early product of this procession
engineer
is
from the pioneer
to the
that of the presidential nominating convention as in-
augurated in 1832 by the Anti-Mason Party, the convention becoming a spectacular American institution in the television age.
Slave emancipation was a dynamic motivation of the Abolition,
the Liberty, and the Free-Soil parties, preliminary to becoming a
dedication of the Republican Party
The
upon
its
formation in 1856.
was a fundamental of the Constitu1860 nearly a century before the nuclear
age. Justice to the American Indian was advocated by the American Party in 1872 a half century before group citizenship was
granted in 1924. Amicable relations with Latin America with
strong naval and coast-defense measures were essentials of the
American Party of 1884 likewise a half century before the
formally established Good Neighbor Policy and Hemispheric
policy of national peace
tional
Union Party
of
Solidarity.
The Sherman Antitrust Act of 1890 and the Federal Trade
Commission Act of 1914 were anticipated by the agitators of the
Anti-Monopoly Party of 1884. Propaganda for an interstate commerce law, for sanitation in factories, and for shorter hours of
labor conducted by the Greenback Party in 1876-1884 moved
toward the creation of the Interstate Commerce Commission in
1887, the Adamson Eight-Hour Act of 1916, and the Fair Labor
Standards Act of 1938. The Initiative and Referendum plans for
popular legislation as eventually adopted in eighteen states and
the Direct Primary Nominating System as established in fortyseven states were promoted along with many other policies by the
Populist Party of 1891-1908. Some of the New Deal and Fair Deal
policies of the Democratic Party of 1932-1952 had been advanced
previously by the Socialist Party and variants of it, by the FarmerLabor Party, and by the Progressive Party which in 1924 cooperated with the Socialist Party. Free educational provisions for
30 Published in
fessor Porter's
first
Urbana, 111., by the University of
compilation appeared in 1924.
Illinois Press.
Pro-
VI. American Political Thought
422]
and classes were a cardinal element of the American or
"Know-Nothing" Party a century before President Eisenhower's
proposal in 1959 for Federal Aid for public schools.
Principles of the four amendments to the federal Constitution
all sects
be adopted after the ratification of the fifteenth amendment
namely, those providing for a federal income tax, the direct electo
tion of senators, national prohibition of alcoholic beverages,
for
woman
suffrage
all
were planks
tion Party prior to their acceptance
by any other
Likewise that party, organized in 1869, was the
federal civil
and
in platforms of the Prohibipolitical party.
first
to
service reform, child labor laws, employer's
demand
liability
unemployment insurance and old age pensions, uniform
acts,
marriage and divorce laws, postal savings banks, the Tariff
mission, and international arbitration.
By 1921
it
Com-
had adopted
Women Voters' program.
which it still adhered as late as
1959 but which is not necessarily reduced to a tangible platform
plank nor solidified as an institution, is now probably acceptable
to all other political parties, to all political scientists, and to all
experienced statesmen. That is its pronouncement made with
especial emphasis during the decade 1908-1918, when a majority
of the states had enacted legislation prohibiting the manufacture
for sale of alcoholic liquors for beverage purposes and when the
fourteen principles of the League of
One
of
its
political theories, to
eighteenth
amendment
prohibition
was imminent. This pronouncement
to
the federal Constitution for national
insisted that about
99 per cent of successful governmental objective is achieved by
administration and interpretation and one per cent by legislation. 31
Political objectives are to be attained by first placing in political
power persons loyal to such objectives and then providing them
with the necessary legislation. Prohibition could end in disaster
were entrusted to authorities who personally desired it.
who voted for it to appease their constituents and then
violated it to appease their thirst could not be trusted to provide
unless
it
Legislators
31
Such were the reported contentions of the presidential nominee of
The American Prohibition Year Book, 1916, it
was stated on the flyleaf that "One thing stands out clearly; the burden
of our fight hereafter must not be to obtain first the prohibitory law,
whether by city, county or state, but first of all to elect to power a Prohibithe party in 1912; and in
tion Administration.
Prohibitory Law.
We
Prohibition Government must go
must reverse our former policy."
in
advance of a
American Political Thought XXVIII.
for honest administration of their
litical
theory proved to be a truism
own
is
legislation.
[423
That
their po-
indicated by the fact that the
amendment passed the House of Representatives, whose
members were elected in 1916 by a vote of 282 to 128, or 2 to 1;
passed the Senate by a vote of 65 to 20, or 3 to 1 was ratified by
eighteenth
which the combined vote for ratifithe legislatures
cation of all of the lower houses of the state legislatures was 3775
to 1025, or 3 to 1; the combined vote for ratification of all of the
state senates was 1309 to 240, or 5 to 1. The legislatures of six of
32
Yet within fourthese states voted for ratification unanimously.
teen years the eighteenth amendment was repealed by the conventions in 36 states, largely on the argument that it had failed of
administration. Thus overwhelming legislation, being only one per
cent of the political objective, proved inadequate without the adof 46
states, in
ministrative implementation of that legislation.
Since the Great Depression of 1929,
World War
II,
and the
advent of stratospheric exploration, federal administration has ex-
panded
to
such dimensions that some publicists consider
it
fourth branch of government, equal in rank to the executive de-
partment. Administrative law has become an extensive discipline
due
to congressional legislation's delegating so
many
functions to
them to act within standards
set up by the Congressional Acts, accompanied by administrative
discretion. To maintain protection of individual freedom from posadministrative agencies and directing
sible arbitrary administrative action, there
has developed a wider
significance of the venerated principles of the
and the Separation of Powers
American political theory.
33
Due
Process of Law,
original cardinal principles of
SELECTED BIBLIOGRAPHY
Hart, A. B. National Ideals Historically Traced, 1607-1907. New
York: Harper, 1907.
Jacobson, J. M. Development of American Political Thought: A
Documentary History. New York: Century Co., 1932.
Thorpe, F. N. Federal and State Charters, Constitutions, and Organic
Laws, 1492-1906. Washington, D. C: Government Printing
Office, 1909.
32
D. Leigh Colvin, Prohibition
in the
United States (1926), pp. 448,
449.
33 See
K. C. Davis, Treatise on Administrative Law, 4
vols.
(1958).
VI. American Political Thought
424]
General
Carpenter, W.
S.
The Development of American
Political
Thought.
Princeton: Princeton University Press, 1930.
Gettell, R. G. History of American
Political
New
Thought.
York:
Century Co., 1928.
Grimes, A. P. American Political Thought. New York: Holt, 1955.
Lewis, E. R. A History of American Political Thought from the Civil
War to the World War. New York: Macmillan, 1937.
Merriam, C. E. A History of American Political Theories. New York:
Macmillan, 1903.
.
American
Political Ideas,
1865-1917.
New
York: Mac-
millan, 1920.
Specialized Phases
Adams,
E. D. The
Power of
Ideals in
American History.
New
Haven:
Yale University Press, 1913.
Adams, R. G. Political Ideas of the American Revolution. Durham:
Trinity College Press, 1922. Also, New York: Facsimile Library,
1939.
Inc.,
Ames, H. V. The Proposed Amendments
to the Constitution of the
United States During the First Century of Its History. WashingAmerican Historical Association, Annual Report,
ton, D. C.
:
1897.
Bassett,
J. S.
The Federalist System, 1789-1801.
New
York: Harper,
1906.
Becker, C. L. The Declaration of Independence: A Study in the History of Political Ideas. New York: Harcourt, Brace, 1922.
Channing, E. The Jeffersonian System, 1801-1811. New York:
Harper, 1906.
Town and County Government in the English Colonies of
North America. Baltimore: Johns Hopkins University Studies in
Historical and Political Science, 1884.
Dealey, J. Growth of American State Constitutions from 1776-1914.
New York: Ginn & Co., 1914.
Draper, J. W. Thoughts on the Future Civil Policy of America. New
York: Harper, 1871. 4th ed.
Fiske, J. American Political Ideas Viewed from the Standpoint of
Universal History. New York: Harper, 1885.
Ford, H. J. Rise and Growth of American Politics. New York: Mac.
millan, 1898.
Gayley, C. M. Shakespeare and the Founders of Liberty
New York: Macmillan, 1917.
in
America.
American Political Thought XXVIII.
[425
Haynes, F. E. Third Party Movements Since the Civil War. Iowa City:
The State Historical Society of Iowa, 1916.
Houston, D. F. A Critical Study of Nullification in South Carolina.
Cambridge: Harvard University Press, 1896.
Mulford, R. J. The Political Theories of Alexander Hamilton. Baltimore: Johns Hopkins University Studies in Historical and Political
Science, 1903.
Porter, K. H.
History of Suffrage
in the
United States. Chicago:
University of Chicago Press, 1918.
Robinson, E. E. The Evolution of American Political Parties. New
York: Harcourt, Brace, 1924.
Snow, A. H. The American Philosophy of Government: Essays. New
York: Putnam's, 1921.
Straus, O. S. Origin of the Republican Form of Government in the
United States of America. New York: Putnam's, 1885.
Taussig, F. W. The Tariff History of the United States. New York:
Putnam's, 1931. 8th ed.
Walsh, C. M.
Political Science of
John Adams.
New
York: Putnam's,
1915.
Willoughby, W. W. The American Constitutional System.
Century Co., 1904.
New
York:
Appendix
CATHOLIC PRINCIPLES OF POLITICS
The following
extracts are reprinted
by permission from
Code
of Social Principles, 3rd edition, Oxford: Catholic Social Guild,
1952. Prepared by the International Union of Social Studies or
Mechlin Union, an association of prominent Catholic theologians,
sociologists, political scientists,
and statesmen from more than a
dozen countries, the Code does not necessarily always voice the
official teaching of the Church. Some of the statements are open to
further debate; others, rather than offer a solution, merely indicate
a general trend or direction. But, on the whole, the Code
reflects
mature Catholic thinking and provides, in the form of a simple and
brief outline, a reliable primer on the fundamentals of government
and on the most important social and political questions of the day.
CONSTITUENT ELEMENTS OF THE STATE
State is made up of three elements: a community, a
and an authority.
52. As a community, the State is differentiated from other
human groupings in the temporal order by its extent, and by its
51.
The
territory,
higher aim.
It
comprises, and, within certain limits,
it
governs
Appendix
428]
and a diversity of institutions arising, for infrom the following of a like calling, from the need for
mutual help, or from the pursuit in common of some science or art.
families, townships,
stance,
53.
it
The
State
is
sovereign within
its
territory, in the sense that
has plenary authority to maintain within
peace, and justice. With other States
frontiers order,
its
has relations of interde-
it
pendence which require regulation by supra-national
juridical
bodies.
54.
The
function of the authority of the State
common good
of the
members which compose
is
to direct the
it.
THE NATURAL FOUNDATION OF AUTHORITY
made man social in his nature. Leo XIII wrote
The Christian Constitution of States: "Man cannot, if living apart from his fellows, provide himself with what is
necessary and useful for life, nor procure the means of developing
his mental and moral faculties." 1 The family in isolation does not
55.
God
has
in his encyclical,
afford surroundings that will assure the full development of our
being, or even our existence. Civil or political society
is
therefore
natural.
But no society can subsist without an authority which, as Leo
XIII says elsewhere, "directs all to strive earnestly for the com-
mon
good." Authority, as well as society, thus proceeds from
nature,
An
and consequently from God Himself.
immediate consequence of this principle
to authority
is
is
resistance to the order established
that resisteth the power, resisteth the ordinance of
that resistance
by God. "He
God." (Rom.
13: 2.)
Another consequence concerns the authority itself: he who
it is appointed by God to serve the people. Public service is
the sole reason for his power, and defines its limits.
56. Though authority comes from God, it does not take the
form of a gift to this individual or to that family. God does not
point out the one who is to hold power. He has only done so exbears
ceptionally, in the history of the Jews,
on account
of the special
calling of that people.
57.
Nor does God determine
!Leo
XIII,
the
title
of the supreme authority,
The Christian Constitution of
States (1885).
[429
Appendix
nor the forms of the constitution. These contingent matters come
from human
activities,
for instance,
as,
a long tradition, or a
written constitution.
Since the legitimacy of power
is
not bound up by Providence
of government, there cannot be a
with any one form
monarchy
of
any more than an aristocracy or a democracy of
divine right,
divine right.
The Catholic Church,
in her official relations with States,
is
unconcerned as to the forms that differentiate them, so that she
may
more
deal
freely with
them
in the religious interests of their
peoples.
Thus she recognizes, equally with any other, the democratic
form of government, that is to say, the greater or less participation
of the people in the government.
As State activity in modern times has widened considerably
and decisively increased its influence, and in view of the sacrifices
which the State of today exacts from its citizens, a democratic
form of government, which allows the citizen to control State administration, seems to many a natural postulate of reason itself.
A healthy democracy should allow the citizen to hold his personal
opinion, to express
the
common
cratic State,
it,
to assert
it
in conformity with the claims of
good. Like any other form of government, the demo-
whether monarchical or republican, must be invested
command with real and effective authority. 2
with the power to
The
citizen has
no
right to live in indifference
and
to neglect to
use the greater or less share in government that has been accorded
to
him
in
many
States.
He
has the duty of exercising conscien-
tiously the political functions assigned to him.
58. In the speculative order, therefore, Catholics, like other
citizens,
have
full liberty to
prefer one form of government to
another, precisely in virtue of the fact that none of these special
forms
is
maxims
in itself contrary to the rule of right reason, or to the
of Christian doctrine.
we have inevitably to deal with
one ought to accept the established government, and to attempt none other than legal means to overturn it, or change its form. To acknowledge that individuals have
the liberty to oppose by violence, either the form of government
But, since in such matters
practical realities, each
2 Cf. Pius XII,
Democracy and Peace (1944).
Appendix
430]
or the persons at its head, would be tantamount to setting up a
permanent condition of disorder and revolt in the body politic.
Only an insupportable tyranny, or flagrant violation of the most
obvious essential rights of citizens, can give, after every other
means of redress has failed, the right to revolt or to passive
resistance.
However, citizens have the right to control and criticize the
powers that be.
To bring pressure to bear on the government and, if needs be,
to replace it, they may use every means which the constitution or
the law allows.
59. State authority is not unlimited. Its limits are determined
by its origin (natural and positive rights) and by its object (the
common good in the temporal order).
Material force is doubtless such an indispensable means to
authority, that, if deprived of it, a government would be incapable
of functioning. But the use of force is subordinate to the end of
society, which is itself derived from reason.
Law is thus an ordinance of reason for the common good,
enacted by him who has legitimate authority. From the point where
it ceases to be an ordinance of reason, it loses its proper nature
and is no longer binding. The presumption is in favor of law
promulgated by lawful authority being in conformity with reason.
Prudence and fear of a greater evil to society may prompt
individuals to obey a law which is not binding in conscience. But
should such a law formally prescribe acts or omissions contrary,
either to the natural law, or to the positive divine law, then each
one ought
to
God
obey
rather than men.
60. State Absolutism, pretending as
is
unlimited and independent of
all
it
does that State authority
higher law,
ruption which, in spite of empty appearances,
any
political
is
a political cor-
may be found
in
body.
Such an absolutist regime strikes at the rights of the human
person and of the family; it shakes the foundations of international
order and, moreover, it weakens the State itself in basing it on a
purely
61.
it
human
The
foundation. 3
State
is
perpetual by
its
nature.
As
a result the treaties
makes, and the financial and other obligations
3
Cf. Pius XII, Darkness
Peace (1944).
Over
the Earth (1939),
it
enters into, in
and Democracy and
Appendix
the
name
[431
of the
community
it
governs, are binding, regardless of
changes which
may be made
in the political
forms that clothe
in the personnel
which embody
it
or
it.
62. The State possesses moral personality. It is indeed composed of substantially distinct individuals, but these form a body
unified by the convergence of their rational activities toward the
end for which they are constituted a body politic.
Hence the State has and can have only human rights and
duties, though on a larger and wider scale. It is therefore subject
to the same moral law and the same rule of justice as individuals.
In the sphere of
States,
its
relations with similar bodies, that
is
with other
cannot escape the obligation to respect that law and that
it
rule.
It is
indispensable for the attainment of the social end that the
State should be legally subject to laws in the
dividuals,
same way
as in-
though in a more extended sphere and with suitable
modifications.
This personality does not derive from positive law, but from
nature
itself.
THE PURPOSE OF AUTHORITY IN THE STATE
common good, must
and guarantee the rights of the individuals
and groups which it embraces. For the violation of these rights
has a profound and evil reaction on the common good of which
the State is guardian, while, on the contrary, respect for the rights
of everyone helps to increase the well-being of all. There must,
therefore, be a power able to prevent abuses, to restrain the unruly and to punish offenders.
63. Authority being the director of the
in the first place protect
64.
The
authority of the State should also set
itself to
encour-
age the growth of material, intellectual and moral good in the
whole body of the members of the community.
65. It does not follow from this that the State ought to make
provision for everything in every branch of human activity. It
has no totalitarian power. It is even more dangerous for the State
to usurp the functions of private persons and private groups than
it is to leave them without any control. It is essential to the wellbeing of the community that an equilibrium should exist between
social forces, so that each element of social life, including the
Appendix
432]
be obliged to allow a reasonable liberty to the others.
reason alone the powers of the State ought to be
State, should
Already for
this
limited.
Firstly,
it is
piness. This
not concerned with leading
the concern of the Church,
is
men
to eternal hap-
which the State can and
should help, without replacing her.
Again, in the temporal order, the State, in
guardian of the
individual
and
common
collective,
and
attaining good, either shared
whole
its
good, encounters private
this
capacity as
initiative,
also has a certain
both
power of
by many, or even common
to the
social body.
When private initiative is effective, the State should do nothing
may embarrass or stifle the spontaneous action of individuals
that
or of groups. But
aid
it.
when
and co-ordinate
it,
it is
and
inadequate, the State should stimulate,
if
necessary, supplement and complete
common good of temporal
an imitation of God's action in the general gov-
This method of providing for the
societies is only
ernment of the world. He enlists every force, including those of
man's free actions, to concur in the designs of His saving will.
In the same manner the State will bring the central power to
co-operate with
whose main
all
national activities, according to a general plan
outlines
as possible to
it
ought to
fix,
and which
it
will leave as far
be carried out by individuals.
THE FREE ACTIVITY OF THE GOVERNED
66.
The human person has
rights antecedent to
and above
all
positive law.
These
whether individual or collective, derive from
is rational and free.
67. The law must protect personal liberty, not only against
human
rights,
nature which
external attack, but also against the misuse of liberty
For every use of
It is
liberty
is
itself.
liable to degenerate into license.
the duty therefore of the law to define the limits
and
to
control the exercise of rights.
68.
Modern
constitutions are particularly inclined to stress
and
proclaim the corollaries both of personal liberty and of equality of
4 Cf. Pius
XT, The Social Order, 78-80.
Appendix
[433
common
nature
men. They have often done so under the
autonomy
to all
influence of philosophical systems which exaggerate the
human
of the
person.
69. In enunciating and regulating by law the corollaries of
personal liberty, the legislator must never lose sight of the fact
that human liberty is liable to go wrong, and that, in consequence,
it is
important not to confuse the use and the abuse of the faculties
which it implies.
For this reason the use of the
right of ownership, of the right
by teaching, of the right
of publishing one's views in the press or
and association with one's
of assembly
fellows,
is,
in principle,
only lawful within the limits of well-being.
the business of authority to define the frontiers
It is
which the use of a supposed
order to avoid a greater
that public
evil, to
may
authority
things contrary to truth
right
becomes
beyond
license. It is only in
obtain or preserve a greater good,
"use tolerance in regard to certain
and
justice." 5
divided on the subject of religious beliefs
In a society which is
and philosophical opinions, the Church,
full
of care for the rights
which cannot
by pressure from outside, proclaims respect for
personal opinions which comply with the needs of the social order,
and claims for herself liberty to devote herself to her divine
of truth, but respectful of the liberty of consciences
be
won
to the faith
mission.
Neutrality of the State
must not be confused with Secularism.
This comes from the denial of God's rights in public
life,
neutrality only implies that the State does not favor
more than another
in
its
whereas
one
belief
administration.
70. In enunciating and legally settling the corollaries of equality in
nature, such as equality before the law, before justice, in
taxation,
and
in public administration, the legislator
must take
into
account, not only equality in nature, but also accidental inequali-
which may make individuals more or
ties,
less fitted to exercise
this or that faculty.
For instance, under pretext of equality, he should not allow
and sundry, learned or ignorant, to practice medicine.
5
Leo
XIII,
Human
Liberty (1888).
all
Appendix
434]
nationalization of industries
By nationalization is meant that an undertaking belongs
Community, represented by public authority. It is limited to
ownership or extended to management and profits.
112. Christian ethics do not condemn, in principle, nationaliza111.
to the
tion or socialization. Indeed, "It
is
rightly
contended that certain
forms of property must be reserved to the State, since they carry
with them a power too great to be
left to
private individuals with-
out injury to the community at large."
therefore be admitted
mon
when
it
Nationalization could
seems really demanded by the com-
good, for example to withdraw from private enterprise un-
dertakings of capital importance for the defense of the country, to
safeguard political
authority
against
financial
forces,
or
when
is clearly beyond doubt the only efficient means
remedying abuses and for ensuring that public interests prevail.
nationalization
for
113.
Where
it is
a question of undertakings already worked by
is subject to a suitable compenwhat the concrete circumstances
private persons, their taking over
sation, calculated according to
suggest as just and fair for
all
concerned.
114. Nationalization, taken in
all
its
widest sense and applied to
or even the majority of industries, ends by force of circum-
stances in Collectivism, condemned by the encyclicals Rerum
Novarum {The Workers' Charter) and Quadragesimo Anno {The
Social Order)
or in State Capitalism.
115. Nationalization,
if
applied generally,
still
runs the risk of
same result, even when limited to mere ownership
or management.
116. Not even a system of more or less self-governing public
undertakings would seem to be acceptable, if it includes the maarriving at the
jority of enterprises.
Private initiative, of individuals or of groups,
limited to the extent that the
common good
may
only be
manifestly requires.
It is
very needful to preserve the two great stimulants to produc-
tion,
which are the prospect of acquiring property and lawful
competition.
Besides, nationalization holds other risks, especially the exag-
6 Pius
XI, The Social Order (1931),
114.
Appendix
[435
gerated extension of economic power in the hands of the public
and the subjection of workers to these authorities.
Nationalized industry is far from resolving the fundamental problem of relations between capital and labor.
117. Considerations of public interest may, in particular cases,
demand or suggest public management, either national, provincial,
or municipal. In that case, the setting up of autonomous bodies,
carrying on industrially under the control of public authorities
and for the benefit of the community, can be recommended in
authorities
preference to wholly
is
official
administration.
understood that the right of supervision by the State
to be exercisable when private organizations are entrusted with
118.
It is
and whenever the public
the maintenance of public services,
terest calls for
in-
it.
119. In undertakings which are subject to concessions placed
with private organizations,
it is
desirable that the agreements shall
contain clauses securing liberty of contract and fair wages.
120. In the case of war, famine, or serious and manifest
up a
monopoly and usurious specula-
abuses, the State has not only the right, but the duty, to set
special organization for checking
tion in necessary articles of consumption.
Such a system should be limited to the minimum compatible
with the end in view, and suppressed as soon as circumstances
permit. If possible,
it
is
better to restrict the control
authority to a few important sectors
and
by public
to leave the rest to the
collaboration of interested organizations, rather than to extend
State interference to every field of the
economic
life.
CAPITALISM, COMMUNISM, AND SOCIALISM
178.
The system
of private capitalism, in which
economic activity, some by
itself condemned.
ute to
in
Right order
is
violated
exploit industry at will
taking into account the
when
and for
human
Cf. ibid., 101.
men
contrib-
by labor,
is
not
capital
employs workers only to
own
exclusive profit, without
its
dignity of the workers or the social
character of economic activity. 7
capital, others
Appendix
436]
179. Capitalism, in our time,
economic
dictatorship. This
is
is
characterized
by an increasing
not so noticeable in the concentra-
tion of wealth as in the accumulation of economic power in the
hands of a small number of men, the trustees and managers of
capital, dispensers of credit, which fulfils, in the economic organism, the function of blood in the human organism. 8
180. This concentration of economic power has been the
natural outcome of an unbridled competition that has brought
about
its
own
ruin.
Economic
dictatorship gives rise in
its
turn to
and international spheres. 9
181. The conditions of economic and social life are at present
ruthless political strife in both national
such that a very large number of
achieving the one
work
men
find the greatest difficulty in
necessary, that of their eternal salvation. 10
The demoralization of those in control
inevitably reached down to the world of
dragged
182.
it
of economic
life
has
the worker and has
to ruin.
To ward
dangers and to remedy the abuses of
off the
some wish
private capitalism,
to install a system of State Capital-
ism, which implies the wholesale nationalization of the
production. This system, giving as
it
means
of
does to the State an exorbit-
ant economic power, keeps workers and citizens alike in a condition of
dependence and economic slavery which
human
with the rights of the
183.
and
Communism,
basing
historical materialism,
itself
wages a
On
account of
and destructive
propaganda.
It
its
irreconcilable
on the
principles of dialectical
relentless class-war to attain its
end: a classless society through the abolition of
erty.
is
person.
Godless principles and
all
private prop-
its
revolutionary
action, the public authority ought to
should above
the masses and prepare the
all
way
check
its
suppress abuses which exasperate
for revolution.
become less extreme
toward class-war and the abolition of private property, and they modify these false principles
184. Certain forms of Socialism have
than
Communism
in their attitude
to a greater or less extent. 11
Still, as far as it remains true to its essential principles, Socialism ignores the true destiny of human society and the human
person, in affirming that
human
society
was
instituted
8 Cf. ibid., 106.
9 Cf. ibid., 108.
io Cf. ibid., 130,
ii Cf. ibid.,
113.
merely for
Appendix
[437
the sake of material well-being alone and in subordinating man's
higher goods, not even excepting liberty, to the exigencies of the
most
efficient production.
These principles are irreconcilable with
genuine Christianity and, hence, no one can be
sincere Catholic
and a true
at the
same time a
Socialist. 12
INTERNATIONAL LIFE
190.
The interdependence
of nations
development of which
facts, the
is
is
shown by
the following
according to nature and whose
number grows increasingly:
The existence of international trade.
The existence of unions for international common good.
The existence of international private companies and industrial
associations.
International legislation in the field of labor and in other
spheres.
International assemblies and congresses.
Above
international treaties
all:
and international organiza-
tion of States.
These
facts reveal the existence of a natural society
among
nations and, consequently, of an international law antecedent to
and higher than
191.
The
all
conventions.
sovereignty of the State,
out restriction,
is
if
understood to exist with-
the very negation of international law.
The sovereignty
regard that nations
of each State
owe
is
modified, not only by the
to the dignity of each other, their inde-
pendence, the possession of national wealth and even more of
national
they are
fife,
but also by the good will and co-operation to which
bound
in regard to one another.
Furthermore, national sovereignty is limited by the obligations
of States toward the international community, in the constitution
and development of which they must not delay.
195. The idea of giving a permanent form to the natural
society of nations is rational and beneficent.
This society of nations meets two needs: the duty of reconstruction which is enjoined upon our age; the duty of transform12 Cf. ibid., 118-120.
Appendix
438]
ing international law and international society from potentiality
into act.
It
operates
on the temporal plane, whereas the Catholic
Church, herself also supra-national, operates on the
spiritual
plane.
The
spiritual
and the temporal, being
indivisibly mingled, every
tions with the Catholic
in the nature of things
comity of nations has necessary rela-
Church.
General Bibliography
Bowe, G. The Origin
of Political Authority:
Philosophy. Dublin: Clonmore
&
An
Essay
in Catholic
Reynolds, 1955.
Bowle, J. Western Political Thought. London: J. Cape, 1948.
Brunello, B. Dottrine politiche. Brescia, Italy: Morcelliana,
1955.
and R. W. A History of Medieval Political Theory
6 vols. Edinburgh and London: Blackwood and
Sons, 1903-1936.
Catlin, G. The Story of the Political Philosophers. New York:
Whittlesey House, 1939.
Chevalier, J. Histoire de la pensee, Vol. I: La Pensee antique,
Vol. II: La Pensee chretienne. Paris: Flammarion, 1955,
Carlyle, A.
J.
in the West.
1956.
Chevallier, J.-J. Les Grandes oeuvres politiques. Paris: Librairie
A. Colin, 1949.
Church and State through the Centuries (A collection of historic
documents with commentaries). Trans, and ed. by S. Z.
Ehler and J. B. Morrall. Westminster, Md.: Newman, 1954.
Copleston, F. A History of Philosophy. 5 vols. New rev. ed.
Westminster, Md.: Newman, 1953-1959.
Dunning, W. A. A History of Political Theories, Ancient and
Medieval. New York: Macmillan, 1935.
General Bibliography
440]
History of Political Theories, From Luther to
New York: Macmillan, 1953.
Montesquieu.
.
History of Political Theories,
York: Macmillan, 1936.
Ebenstein, W. Great Political Thinkers, Plato
York: Rinehart & Co., 1951.
*
From Rousseau
to
New
Spencer.
to the Present.
New
Today's Isms: Communism, Fascism, Capitalism,
Englewood
Socialism.
Cliffs,
New
Jersey:
Prentice-Hall,
1958 (New York, 1954).
Ehler, S. Z. Twenty Centuries of Church and State. Westminster,
Md.: Newman Press, 1957.
Elliott, W. Y. and McDonald, N. A. Western Political Heritage.
Furfey,
New
P.
York: Prentice-Hall, 1949.
H.
History of Social Thought.
New
York: Mac-
millan, 1942.
Gettell, R. G. History of
Political
Thought.
New
York: Apple-
ton-Century-Crofts, 1953.
Hallowell,
J. H. Main Currents in Modern Political Thought.
York: Henry Holt, 1950.
* Hughes, P. A Popular History of the Catholic Church. Garden
City, New York: Image Books, 1947.
Kohn, H. The Idea of Nationalism: A Study in Its Origins and
Background. New York: Macmillan, 1944.
McIlwain, C. H. The Growth of Political Thought in the West.
New York: Macmillan, 1932.
Parkinson, C. N. The Evolution of Political Thought. New York:
New
Houghton
Lo Grasso,
Mifflin,
1958.
B. Ecclesia et Status:
J.
Rome:
fontes selecti.
Rommen, H. The
De
mutuis
officiis et
iuribus
Universita Gregoriana, 1939.
State in Catholic Thought. St. Louis: B. Herder,
1945.
Sabine, G. H.
Henry
Thonnard,
History of Political Theory. 2nd ed.
New
York:
Holt, 1950.
F.
Maziarz.
J.
New
Short History of Philosophy. Trans. E. A.
York: Desclee, 1955.
Index
Absolutism:
the age of transi149n; in Bodin, 155,
188-189,
190-194;
in
Bossuet,
156-157; in Charles II, 156n; in
Hegel, 217, 300-301, 303-305; in
Hobbes, 155, 196, 199-200; in
the Idealists, 216-217; in James I,
155-156; in Luther and Lutheranism, 151-152; in Machiavelli, 149150, 179, 180-182, 184-185; in the
Middle Ages, 90-91; in Rousseau,
208, 263, 266
Reaction to: in Althusius, 158; in
the Anabaptists, 159-160; in Bellarmine, 160; in Coke, 156n; in
Erasmus and More, 158-159; in
liberalism, 205-208; in Locke, 205,
208, 241, 243-244; in the Monarchomacs, 157-158; in Montesquieu, 208, 254; in Suarez, 167tion,
in
149,
169.
See also Authority, Divine
Monarchy, Sovereignty, Totalitarianism, Tyranny
Academians, 10, 31-32, 72n
right of kings,
Adams, John, 394, 402, 403, 411
Adams, John Quincy, 393-394
Adams, Samuel, 411, 416
Ad
beatissimi (encyclical), 165
Aegidius Romanus, 99-100, 123
Aeterni Patris (encyclical), 113
Alexander the Great, 11, 32, 33, 76,
293
Alexander VI, Pope, 182-183
Althusius, Johannes, 158, 417
Ambrose, St., 67, 72
American Colonial charters and
constitutions, 393-399
American Constitution, 405-420
Amendment, J. C. Murray
165-166
American Revolution, 210, 211, 272273, 399
Anabaptists, 159-160
Anarchism, 224-226
Antisthenes, lln
First
on,
Aquinas, Thomas. See Thomas
Aquinas,
St.
Arcesilaus,
72n
Aristippus, lln
Aristocracy. See Government, forms
of
Aristotle:
life,
31-33; general philos-
ophy, 10, 33-35; political writings,
35-45;
Politics,
chean
Ethics
38-39;
on
35-45;
(Books
Nicoma-
VTIMX),
aristocracy, 41, 42, 44,
10-11, 39, 41,
44-45, 46, 139; on classes, as part
of the state, 45; on constitutions,
87;
on
citizenship,
40-41, 42, 44; on the contract
theory, 36-37; on education, 45;
Index
442]
on the family, 36-37, 38, 39, 47,
48; on the forms of government,
40-41; on God, 34n; on justice,
38, 39; on law, 34, 41, 43; on
polity, 14, 42; on property, 47; on
revolution, 42-44; on slavery, 36n37n, 45, 46; on the state, 34-35,
36-45, 86, 105, 119; on tyranny,
41, 43-44; on women, 47-48, 139;
and Plato, 10, 25, 31, 33, 36, 38,
39, 45-48, 54, 60; and St. Thomas,
54, 59, 86, 92, 113-114; 119, 139,
201, 373, 410
Articles of Confederation, 404
Augustine, St.: life, 70-73; City of
God, 73-80, 177; on authority, 77,
79; on the Church, 74n, 80, 8788; on church and state, 74, 74n,
80; on the forms of government,
77; on justice, 68-69, 75-76; on
peace, 76-77, 78-79, 137; on the
qualities of the ideal ruler, 77; on
slavery, 79; on sovereignty, 76,
79; on the state, 75-79; on the
state as a consequence of sin, 7779;
410,
414
Ausculta fili (bull), 96
Authority: in St. Ambrose, 67; in
the Anabaptists, 159-160; in St.
Augustine, 77, 79; in Bellarmine,
160; in Bodin, 155, 190-191; in
Calvin, 154; in Christian political
thought, 65-66; in Cicero, 53, 55;
in Hegel, 303-304, 305; in St.
John Chrysostom, 67; in Locke,
241-242, 243; in Luther and Lutheranism, 152-153; in Marsilius
of Padua, 100, 138, 139-141, 417;
in the Middle Ages, 89, 91; in
Origen, 66-67; in St. Paul, 66n;
in Roman law, 17; in Suarez, 167169; in Thomas Aquinas, 119,
122. See also Sovereignty
Bakunin, Mikhail, 225, 324, 324n
Baltimore, Lord, 396-397
Barker, Ernest, 347-348
Barres, Maurice, 212
Beccaria, Cesare, 286n
Bellarmine, St. Robert:
and
state,
litical
123,
on church
134;
the contract theory, 215, 289-290;
on democracy, 290-291; on education, 291; on the English constitution, 291-292; on the French
Revolution, 284; on law, 290-
291;
on
284-285;
religion,
on
revolution, 290; on the state, 289290; on the state and economics,
292-294; on utilitarianism, 215,
286-289, 290-291, 293; on woman
suffrage, 292n;
338, 341, 342,
345
Besant, Annie, 338
Blackstone, William,
283-284, 402,
411
Bland, Hubert, 338
Bodin, Jean: life, 187-188; the Republique, 189-194; on absolutism,
155, 188-189, 190-194; on authority, 155, 190-191; on church
and state, 190-191; on citizenship,
190, 190n; on law, 190, 192-193;
on natural law, 193; on monarchy,
190-194; on property, 193; on
sovereignty, 155, 190-194; on the
state, 190-193
Boniface VIII, Pope, 96-97, 127,
132
Borgia, Caesar, 174, 176
Bossuet, Bishop Jacques Benigne,
156-157, 191n
Boucher (Parisian priest), 158
Bracton, Henry de, 156n
Bradford, William, 394-395
Buchanan, George, 158
Burke, Edmund: life, 271-274; his
conservatism, 280-281; his political
principles, 274-275, 278279; on the American Revolution,
211, 272-273; on constitutions,
278; on the contract theory, 276;
on democracy, 277; on the English constitution, 279-280; on the
French Revolution, 211, 273-274,
275-281; on rationalism, 275-276;
on religion, 275, 276; on the state,
278; 376
160-161; on po-
power, 160; 101, 123, 163,
164, 167, 403
XV, Pope: on Dante, 133on liberalism, 165
Bentham, Jeremy: life, 283-286; on
Benedict
Calhoun, John
C, 418
Calvin, John, 153-155, 169
Index
[443
law. See Law
Capitalism. See Capitalist imperialism, Communism, Property, Socialism
Lenin on,
Capitalist imperialism:
Canon
357-361
Carneades of Cyrene, 72n
Caterina de'Medici, 188
Catholic Church: in Hegel, 305; in
Hobbes, 200; in Lord Olivier,
339n-340n; in Tocqueville, 317
Catholic League, 158n, 188n
Catholic principles of politics. See
''Catholic
See Church and state
Worker" movement, 225-
state.
226
54; on sovereignty, 53,
on the state, 53-59, 75, 75n,
and the Stoics, 59-60; 8, 12,
76, 105, 410, 417
slavery,
87;
70,
Circulation des
Charles II, 156n
Chauvin, Jean. See Calvin, John
Christian democracy, 229-233
Christian society. See Church
Christianity and political thought,
63-66
Chrysippus of Soli, 11
Church: in St. Augustine, 74n, 80,
87-88; in John VIII, 88; in Mar141-142;
in
Padua,
of
Suarez, 169; 37n, 64
silius
Church and state: in Aegidius Romanus, 99, 123; in St. Ambrose,
67; in the American Constitution,
165-166; in St. Augustine, 74, 74n,
80; in Bellarmine, 123, 160-161;
in Bodin, 190-191; in Boniface
VIII, 96-97; in Bossuet, 191n; in
Calvin, 153-154; in Connell, 162n;
in Dante, 100-101, 130-131, 131in
Febronius,
19 In;
in
88n,
141;
88,
Gregory VII, 93-94; in Henricus
de Segusia, 99; in Hobbes, 155,
200; in Innocent III, 94-95; in
Innocent IV, 95-96; in James of
Viterbo, 100; in John of Paris,
101-102; in John of Salisbury,
109-110, 123; in Luther, 152-153;
in Marsilius of Padua, 100, 136,
138, 139, 141-142; in Murray,
163-167; in Origen, 66-67; in
Suarez, 169; in Tertullian, 66; in
Thomas Aquinas, 123-124; 64, 65-
133;
58; on justice, 53, 54, 57; on law,
53, 54, 57-59, 60; on natural law,
58-59; on revolution, 55; on the
Roman Principate, 56-57; on
55;
Politics
Catholic
Church-state struggle in the Middle
Ages, 93-97, 98-102
Cicero: life, 50-52; political writings, 52-59; Laws, 52-53, 54; Republic, 52-59; on authority, 53,
55; on constitutions, 59; on the
family, 53; on the forms of government, 55-56; on God, 54, 54n,
in
Gelasius
I,
66, 86, 91n, 162,
233
Church law. See Law
elites,
374
Citizenship: in the Anabaptists, 160;
in Aristotle, 10-11, 39, 41, 44-45,
46, 139; in Bodin,
190, 190n; in
300-301; in Marsilius of
Padua, 139-140; in Rousseau, 263264; in the Stoics, 13; in Thomas
Aquinas, 123-124
City-state, 3, 4, 5, 11, 12, 21-26, 33,
Hegel,
46, 60
Clarke, William, 338
Class struggle: in Fabianism, 342;
in Lenin, 362-363, 363-364; in
Marx, 327-329, 330-331
Classes: in Aristotle, 45; in John of
Salisbury, 105; in Marx, 327-328;
in the Middle Ages, 93; in Plato,
23, 25, 27. See also Citizenship
Cleanthes of Assos, 11
Clericis laicos (bull), 96
Coke, Sir Edward, 156n, 411
Cole, G. D. H., 347
Common
good, 288n
Pius XI, 227n;
in Lenin, 221-222, 355-367; in
Marx, 221, 326-335; in Plato,
24n, 27
Communist Manifesto,
322-323,
326, 326n, 329, 331, 332
Communist party, function of, 22 In,
331
Communist "state": in Lenin, 365-
Communism: and
366; in Marx, 332
Comte, Auguste, 217-219
Concessions and Agreements of the
Proprietors of East Jersey, 398
Index
444]
Concordia discordantium canonum.
See Gratian
Confessional state. See Church and
205,
399, 403
Decretum Gratiani. See Gratian
De
state
Connell, Francis J., C.SS.R., 162n
Conscience, 159-160, 207n
Constitutions: in Aristotle, 40-41,
42, 44; in Burke, 278; in Cicero,
59; in Colonial America, 393-399;
in Herodotus, 6; in Locke, 208; in
Montesquieu, 208, 250-255; in
Plato, 24n, 26-27, 28; in Polybius,
16-17; in
14; in Roman law,
Suarez, 168. See also American
Constitution, English constitution
Contract theory of government: in
the American Constitution, 413in
414;
Aristotle,
36-37;
in
Bentham, 215, 289-290; in Burke,
276; in Colonial America, 394395, 399-401, 403; in Hobbes, 37,
196, 197, 198-199, 200, 201, 241,
241n, 263; in Locke, 37, 207,
240, 241, 263; in Roman law,
16; in Rousseau, 37, 120n, 241,
24 In, 262-263, 264-268 passim;
in
Suarez,
167-168,
169;
in
Thomas Aquinas, 118-119, 120n;
in Vindiciae contra tyrannos, 157158; 207, 215
Corporativism, 381-383
Corpus
Corpus
Declaration of Independence,
luris Canonici,
luris
Civilis,
92n
16,
16n,
ecclesiastica potestate. See
Aegid-
Romanus
ius
Defensor
Pads.
See
of
Marsilius
Padua
De
De
Frenzi (Luigi Federzoni), 371
apud
Scotos,
of
iusta abdicatione Enrici III,
158
hire
regni
Buchanan, 158
De
De
Maistre, Joseph, 211, 217
Democracy: in Bellarmine, 160; in
Bentham, 290-291, 292; in Burke,
277; and Calvinism, 154-155; in
Colonial America, 396-398; Greek
form of, 3n-4n; in Lenin, 364365; in Montesquieu, 251-252,
253;
in
Pius
XII,
232-233;
in
Socrates, 9; in Tocqueville, 214,
307-319; 6, 9, 14, 22, 26, 40, 41,
42,
55,
See
77.
Democracy;
also
Christian
Government,
forms
of
Democratic socialism, 222, 223-224
De
potestate
regia
et
See
papali.
John of Paris
De
De
rege et regis institutione, 158
regimine christiano. See James
of Viterbo
De regimine principum. See Aegidius Romanus
reipublicae christianae in reges
De
90,
106
158
republica libri sex. See Bodin,
potestate,
De
Corradini, Enrico, 373
Cotton, John, 396
Jean
Despotism.
Croce, Benedetto, 375, 376, 377
Cynics, lln
Cyrenaics, lln
See
Absolutism,
Tyr-
anny
Dialectic:
in
Hegel,
297-298;
in
Marx, 322, 325, 326, 327
Dickinson, John, 400-401, 407, 410,
Dante
Alighieri:
life,
126-128;
Monorchia, 128-133; on church
and state, 100-101, 130-131, 131133; on monarchy, 129-133; on
the national state, 129, 131; on
peace, 129-130, 137; on the state,
131; on the world state, 129, 130,
131-132
Darwin, Charles, 219
Davidson, Thomas, 336-337
Declaration des droits de I'homme
et du citoyen, 209
412
Dictatorship of the proletariat: in
Lenin, 355, 362-363, 364-366; in
Marx, 331-332, 334
Diogenes, lln
Divine positive law. See Law
Divine right of kings, 67, 89, 90,
120, 155-156, 167, 196
(encyclical),
Redemptoris
Divini
227n, 332-333
Donatists, 73n
Dubois, Pierre, 129, 129n, 137
Index
[445
on the national state, 212, 228,
380-381; on race, 381; on the
Dulany, Daniel, 400
Education: in Aristotle, 45; in Bentham, 291; in Plato, 23-25, 27; in
Socrates, 8-9
Encyclopaedia Britannica, 224n
Engels,
Friedrich,
221,
322,
323,
324, 326-327, 332
English constitution: in Bentham,
291-292; in Burke, 279-280; in
Montesquieu, 208, 254-255
English Revolution (1688), 197,
210, 238, 272
English Virginia Company, 393-394,
399
Epictetus, 12n
Epicureans, 11, lln
Equality: in American and French
revolutions,
210; in American
thought, 391, 392-393, 411, 412;
in
the
Anabaptists,
in
160;
Archytas, 7; in St. Augustine, 78;
in Cicero, 54; in Christian democracy, 229, 231; in Christian
thought, 64; in Epictetus, 12n; in
Fabianism, 338, 339, 348; in
Locke, 240, 245; in Montesquieu,
253; in Rousseau, 261; in Tocqueville, 307, 309-313, 314, 318, 319
Equity: in Calvin, 154-155
Erasmus, Desiderius, 158-159
Evolution: in Marx, 325, 327; in
Rousseau, 262n-263n; in Spencer,
219-220
Exequatur, 19 In
Fabian Society: and British Socialism,
340-341; chief members,
337-338; foundation of, 336-337;
impact on English political life,
345-348; on Marx, 223-224, 338;
on nationalization, 339-340, 342;
on Ricardo's theory of rent, 341345; on the state, 338-339; 223-
224
Family: in Aristotle, 36-37, 38, 39,
47, 48; in Cicero, 53; in Plato,
24-25, 27, 47, 48
and Communism, 372,
380; and Gentile, 376-377; and
Fascism:
Pius XT, 227n, 381; as idealist
reaction to liberalism, 372, 376,
378; on corporativism, 381-383;
state, 212, 228, 380-381, 381-383
Febronianism, 19 In
Federalist, 208n, 406-407
Fichte,
Johann Gottlieb, 214, 217
96
Flotte, Pierre,
Fortuna: in Machiavelli, 178, 178n
Franco-Gallia: of Hotman, 157, 189
Franklin, Benjamin, 205, 400, 405-
406
95-96
Burke, 276-277; in
Christian democracy, 230-231; in
Hegel,
298-299,
304-305;
in
Hobbes, 200, 201; in Locke, 240;
in Marx, 326n; in John Stuart
Mill, 215; in Montesquieu, 254,
257; in Rousseau, 264; in Tocqueville, 308, 309n-310n; 165
French Revolution: in Bentham,
284; in Burke, 211, 273-274, 275281; in Tocqueville, 307; 208210, 210-211, 213, 372, 379, 382
Fundamental Orders of Connecticut,
Frederick
II,
Freedom:
in
389, 397
Gallicanism, 19 In, 229
Gelasius I, Pope, 88, 88n, 141
Gentile, Giovanni, 217, 370,
376381
George, Henry, 34 In
Ghibellinism, 126n
Giles of Rome. See Aegidius Ro-
manus
Glossators, 90, 92
Gobineau, Count de, 318-319
God:
in
Aristotle
and Plato, 34n;
in Cicero, 54, 54n; in Hegel, 297,
304;
in
Thomas Aquinas,
116-
117
Godwin, William, 224n
Gorgias the Sophist, lln
Government, forms of: in Aristotle,
40-41, 44; in St. Augustine, 77;
in Bodin, 190, 192; in Cicero, 5556; in Hobbes, 199; in Marsilius
of Padua, 138; in Montesquieu,
250-255; in Plato, 22, 26, 27, 2829; in Polybius, 14; in Rousseau,
267n-268n; in Thomas Aquinas,
119; in Tocqueville, 312-313
Gratian, 92
Index
446]
Greeks, The, 3-4
Green, T. H., 345
Gregory VII, Pope, 93-94
Grotius, Hugo, 124, 170
Guelfism, 126n
Hostiensis. See Henricus de Segusia
Hotman, Francis, 157, 189
Humanism, 148, 149-150, 151
Humboldt, Wilhelm von, 213
Hume, David,
206, 214, 260
Hutcheson, Francis, 286n
Hamilton, Alexander, 406, 411-412
Georg: life, 295-296; general philosophy, 296-299; on absolutism, 217, 300-301, 303-305;
Hegel,
on
305; on
on dialectic,
297-298, 322, 325; on freedom,
298-299, 304-305; on God, 297,
304; on history, 299-300, 301303; on idealism, 296-299; on
law, 301, 303; on monarchy, 303304; on the national state, 299300, 301; on natural law, 301,
303-304; on the separation of
powers, 303-304; on sovereignty,
303, 305; on the state, 217, 299304, 304-305; on war, 301-303;
on the world state, 301
authority,
303-304,
citizenship, 300-301;
Helvetius, Claude, 214-215, 279
Hennacy, Amnion, 225-226
Henricus de Segusia, 99
Henry IV, 93-94
Heraclitus, 6-7
Herder, Johann G., 216-217
Herodotus, 6
Hesiod, 5-6
History: in Bodin, 187; in Hegel,
299-300, 301-303; in Herodotus,
326-327, 328-329,
6; in Marx,
333-334; in Tocqueville, 307-308
Hitler, Adolf, 227-229
Hobbes, Thomas: life,
195-197;
Leviathan,
197-202;
on
196,
absolutism, 155, 196, 199-200; on
church and state, 155, 200; on the
contract theory, 196, 197, 198199, 200, 201, 203, 241, 241n,
263; on law, 198, 200; on monarchy, 199-200; on peace, 198199; on revolution, 200, 201; on
sovereignty, 155, 196, 198-200;
on the state, 197-198, 198-200; on
the state of nature, 198; 37, 120n,
256, 414
Homer, 5
Hooker, Thomas, 389-390
Hopkins, Stephen, 400
216-217,
Idealism,
296-299,
376,
378
Immortale Dei (encyclical), 165
Indirect power of the Church. See
Church and
State
Individualism: and Fascism, 378381;
in
Calvin,
154-155;
in
Greece, 3-4; in Plato, 25; in the
Stoics, 12-13, 59-60
Innocent III, Pope, 94-95
Innocent IV, Pope, 95-96
Institutes of the Christian Religion.
See Calvin, John
International, First, 323-324
International, Second, 223
International, Third, 354
International law. See Law
Investiture controversy. See
state struggle in the
I us civile,
lus
Ius
lus
lus
lus
lus
ChurchMiddle Ages
16
gentium, 13, 16, 124, 169, 170
multitudinis,
120n
16
privatum, 16
publicum, 16
naturale,
regaliae,
96
James I, 155-156, 169
James of Viterbo, 100
Jean Quidort. See John of Paris
Jefferson, Thomas: on Plato's Republic,
403-404;
205,
389,
392,
399, 406
St., 67-68
Jevons, William Stanley, 342, 342n
Jews: in Hitler, 228; in Marx, 320;
Jerome,
in
Thomas Aquinas, 124
John VIII, Pope, 88
John XXn, Pope, 97
John Chrysostom, St., 67
John of Paris, 101-102
John of Salisbury: life, 103-104;
Policraticus, 104-110; on church
and state, 109-110, 123; on classes
on law, 105-106;
106, 107-108, 109-
in the state, 105:
on monarchy,
Index
[447
on the qualities of the ideal
107; on the state, 104-105;
on tyrannicide, 108-109; on the
110;
Aquinas,
118,
ruler,
90,
139,
165,
tyrant, 108
Petit.
38, 39; in St.
Augustine, 68-69, 75-76; in Chris-
Justice:
in Aristotle,
tian thought, 64, 68-69; in Cicero,
53, 54, 57; in Heraclitus, 6-7; in
Hesiod, 5-6; in Plato, 21, 22, 22n,
23; in the Pythagoreans, 7; in the
Sophists, 7-8; in Thomas Aquinas,
118; 14, 86, 89-90,
Justinian, 16, 16n, 405
91n
Kautsky, Karl, 223, 223n-224n
Kingship. See Monarchy
Kipling, Rudyard, 373
Koinonia, 39
Kropotkin, Peter, 224n, 225
Labor Party (Great Britain) and
the Fabian Society, 336, 342-343,
346, 347
Lamarck, J. B., 219
:
Languet,
Hubert.
contra tyrannos
Law:
in
See
Vindiciae
192-193; in Calvin, 154; in Chris65; in Cicero, 54,
57-59, 60; in Comte, 218-219;
Germanic concept of, 89-90; in
Hegel, 301, 303; in Hobbes, 198,
200; in John of Salisbury, 105106; in Locke, 240-243; in Luther,
151-152; in Marsilius of Padua,
139, 140; in Montesquieu, 248257; in Plato, 26, 27; in the
Pythagoreans, 7; in Rousseau,
266-267; in Solon, 6; in the
Sophists, 7-8; in the Stoics, 105169-170;
in
Suarez,
in
106;
Thomas Aquinas, 117-118, 122-
tian thought,
123; in
Zeno of Citium,
Canon law,
139
law:
Civil
90,
13
16, 92, 98, 113, 118,
139,
170,
positive
tian
thought,
68;
in
in
Thomas
Aquinas, 118, 119
International law:
170;
in
Thomas
in Grotius,
169-170;
in
Aquinas, 124; in Vitoria,
Suarez,
170; 54, 250
Natural law: in the American
Constitution, 409-413; in Bodin,
193; in Christian thought, 68; in
Cicero, 58-59; in Colonial Amer401-403; in Grotius, 170; in
Hegel, 301, 303-304; in Hobbes,
Locke,
240-243;
in
in
200;
Montesquieu, 249; in Socrates,
8-9;
169-170;
Suarez,
in
in
Thomas Aquinas, 117-118, 402,
409; 77, 78, 87, 89, 105-106, 119,
124, 155, 156n, 169, 193, 200,
214, 249
Roman law, 15-17, 53, 90, 91,
106, 388. See also lus civile, et
ica,
Lenin, Vladimir Ilich: life, 349-354;
on capitalist imperialism, 357361; on the class struggle, 362363, 363-364; on the communist
state,
365-366; on democracy,
364-365; on the dictatorship of the
proletariat, 355, 362-363, 364-366;
on Kautsky, 223, 223n-224n; on
revolution, 355-357, 359-361, 363364; on the state, 361-366; and
Marx, 350, 355-357, 358-359,
364; 221-222, 375
Leo XIII, Pope, 231-232, 233
Lex regia de imperio, 17
Liberalism: and Christianity, 205372-373;
and
Fascism,
208;
continental, 156n, 165-166
Libertas praestantissimum (encyclical), 165
Liberty. See
in Christian thought,
68; in Origen, 66-67; in
87, 89, 106, 117,
5,
seq.
34, 41, 43; in
290-291; in Bodin, 190,
Aristotle,
Bentham,
208n, 250
Common law,
156n, 388,
402-403, 412
Customary law,
169
Divine law,
156n,
193
Divine
law:
Chris93,
See John of Salisbury
Josephinism, 191n-192n
Juan de Mariana, S.J., 158, 417
Junius Brutus. See Vindiciae contra
tyrannos
John
122-123; 16, 89,
206n-207n, 207n-
Thomas
Freedom
Lieber, Francis, 387
Lincoln, Abraham, 419
Index
448]
Livy (Titus Livius), 14-15
Locke, John: life, 237-238; general
philosophy, 238-239; Two Treatises on Government, 239-244; on
absolutism, 243; on authority,
241-242, 243; on constitutions,
208; on the contract theory, 207,
239, 240, 241, 263; on law, 240243; on property, 240, 241, 244-
on
205-206, 239;
242, 243-244; on
the separation of powers, 242; on
sovereignty, 241-242, 243; on the
state, 241-242; on the state and
economics, 244-245; on the state
of nature, 239-241, 242; on tyranny, 243; on war, 240-241; 37,
245;
on
religion,
revolution,
389, 402
XV
Louis
(King of France), 247n
Louis of Bavaria, 97, 135-136
Luther, Martin, 86, 150-153, 155,
169
Machiavelli, Niccolo: life, 172-175;
183-184;
Discourses,
150,
175,
The Prince, 150, 175-183;' appraisal,
185;
L49-15.0,
177-180,
on Fortuna and
Virtu,
184178,
Marx, Karl:
320-324; on the
327-329, 330-331;
on classes, 327-328; on dialectic,
322, 325, 326, 327, 333-334; on
the dictatorship of the proletariat,
331-332, 334; on evolution, 325, 327; on freedom, 326n;
on history, 326-327, 328-329, 333334; on the Jews, 320; on materialism,
324-325; on property,
328, 330, 331; on religion, 321,
332-333; on revolution, 221, 325,
327, 330-331; on the state, 221,
326-327, 328-329, 330; on surplus value, 329-330, 334; and
Engels, 221, 322, 323, 324, 326327; and Hegel, 321, 322, 325;
223-224, 338. See also Lenin
Marxian socialism. See Communism
Materialism: in Marx, 324-325
Maurras, Charles, 211-212, 373
Mayflower Compact, 394-395, 399,
400, 413
Mazzini, Giuseppe, 212n-213n, 372
Mein Kampf. See Hitler, Adolf
Middle Ages, 85-86, 9 In, 147, 148
Mill, John Stuart, 215-216, 341, 343
Mirari vos (encyclical), 165, 229
class
life,
struggle,
178n; his love for Italy, 175-176;
his theory of knowledge, 179-180;
his view of man, 150, 177, 180;
his statecraft, 177, 180-183; on
war, 175, 184-185; 8, 43, 155,
194, 212, 228, 372
Magna Charta, 92-93, 93n
Mit brennender Sorge (encyclical),
226n-227n
Mobocracy, 22
Moderator rei publicae. See Princi-
Manichaeans, 71, 72, 73
Monarchy:
Marbury v. Madison, 398, 403
Marcus Aurelius, 12n
Marie Antoinette (Queen
France), 213n
Roman
in Bodin, 190-194, 199;
Bossuet, 156-157; in Dante,
129-133; in Erasmus,
159; in
Hegel, 303-304; in Hobbes, 199in
of
Maritain, Jacques, 163
Marsilius of Padua: life, 135-136;
Defensor Pads, 135, 136-142; on
origin of authority, 100, 138, 139141, 417; on the Church, 141142; on church and state, 100,
136, 138, 139, 141-142; on citizenship, 139-140; on the forms of
government, 138; on law, 139,
140; on monarchy, 137-138, 140141; on peace, 136-137, 142; on
the state, 137-141; on women,
139
pate,
Monorchia. See Dante Alighieri
Monarchomacs, 157-158, 189, 189n
200;
in
Hotman,
157,
189;
in
John of Salisbury, 106, 107-108,
109-110; in Luther, 152-153; in
the Magna Charta, 93n; in Mar137-138, 140silius of Padua,
141; in Maurras, 212; in the
Middle Ages, 88-89, 90-91; in
Montesquieu, 252-253; in Thomas
Aquinas, 119-120, 122; 4, 5, 6,
14, 26, 40, 41, 44, 55, 77
Montesquieu, Charles de: life, 246248; political writings, 246-247,
248-255; L'Esprit des lois, 248255; Les Lettres persanes, 246-
Index
[449
247; on aristocracy, 252, 253; on
constitutions,
208, 250-255; on
democracy, 251-252, 253; on the
English constitution, 208, 254255; on the forms of government,
250-255; on freedom, 254; on
the general spirit, 255; on law,
248-257; on natural law, 249; on
monarchy, 252-253; on the national state, 248, 250, 255; on the
separation of powers, 208, 254255, 407; on sovereignty, 251253; on the state, 250-255; on
the state of nature, 249, 256; on
tyranny, 253, 254; on war, 250
More, St. Thomas, 159
Mosca, Gaetano, 373-374
Murray, John Courtney, S.J.:
church and state, 163-167
Mussolini,
Benito, 212,
371, 375, 376, 382
369,
on
370,
Nation; Nationalism. See National
state
National Socialism, 227-229
National state: in Aristotle, 44-45;
in Bodin, 190-191; in Burke, 278;
in Dante, 129, 131; in De Maistre, 211; in Fascism, 212, 228,
380-381; in Hegel, 299-300, 301;
Idealists,
216-217;
in
in
the
Machiavelli, 175-176; in Maurras,
212; in Mazzini, 212n-213n; in
Montesquieu, 248, 250, 255; in
National Socialism, 227-229; 226
Nationalization of property. See
Property
Natural law. See Law
Newport Declaration, 397-398
Non abbiamo bisogno (encyclical),
226n, 380-381
Novit llle (decretal), 95n
Objection of conscience. See Conscience
Ochlocracy, 14, 55
Oligarchy. See Government, forms
of
Olivier, Sydney, 337, 339, 339n340n, 341
Origen, 66-67
Origin of the state. See State
Ostracism, 43, 43n
Otis,
James, 401-403, 411
Owen, Robert, 338n, 341
Paine, Thomas, 213, 391, 403, 406
Panaetius of Rhodes, 12, 59
Panopticon, 285
Papacy, investiture struggle. See
Church-state struggle in the Middle Ages
Pareto, Vilfredo, 373-374
Paris, University of,
llln-112n
Paul, St.:
on authority, 66n,
152
Peace: in
St.
67, 88,
Augustine, 76-77, 78-
137; in Dante, 129-130, 137;
in Dubois, 129, 129n, 137; in
Hegel, 217, 303; in Hobbes, 198-
79,
199; in Marsilius of Padua, 136137, 142; 15. See also War
Pease, E. R., 342, 346
Pelagianism, 73n
Penn, William, 391-392,
People, as source
See Sovereignty
Pericles,
of
411
398,
sovereignty.
6n
32
Per venerabilem
97
Philip IV, 96-97
Peripatetics,
(decretal),
95n,
Philosopher-kings: in Plato, 21, 2425, 26, 28-29, 44
Physiocrats, 292n, 406
Pico della Mirandola, 151
Pius XI, Pope: on Communism,
227n; on Fascism, 227n, 381; on
National Socialism, 227n; on the
social order,
232
Pius XII, Pope: on democracy, 232-
233
Plato:
life,
19-21;
general
philos-
ophy, 9-10, 27-28; Laws, 26-27,
408; Politicus, 21, 26; Republic,
21-26, 27, 28n, 403-404, 407,
414; on aristocracy, 28-29, 87; on
the
city-state,
classes
21-26,
as part of the
46;
state,
on
23,
25, 27; on communism, 24n, 27;
on constitutions, 24n, 26-27, 28;
on education
as the purpose
23-25,
on
the state,
27;
family, 24-25, 27, 47, 48; on
forms of government, 22, 26,
of
the
the
27;
Index
450]
on God, 34n; on individualism,
25; on infanticide, 26; on justice,
21, 22, 22n, 23; on law, 26, 27;
on the philosopher-kings, 21, 2425, 26, 28-29, 44; on property,
24-25, 27, 47; on race purity, 25;
on the state, 22-25, 27, 28, 105;
on womenr25, 47-48; 54, 56, 179,
407, 408, 414. See also Aristotle
and Plato
Plotinus,
72n
Plutocracy, 22
Podmore, Frank, 341
See City-state
See Constitutions
Political absolutism. See Absolutism
Polis.
Politeia.
Catholic principles of: on
capitalism,
435-436;
on communism, 436; on the essential elements of the state, 427-428; on
the foundation and purpose of
political authority, 428-432; on
international life,
437-438; on
nationalization, 434; on the rights
of the human person, 432-433; on
Politics,
socialism, 436-437
42
Polity: in Aristotle, 14,
Polybius, 14
Popular sovereignty.
eignty, State
cipate,
Sover-
Roman:
Cicero, 5617
Property: in Aristotle, 47; in Bodin,
193; in Christian democracy, 230,
231; in Christian thought, 69; in
communism, 221: in Fabianism,
339; in Locke, 240, 241, 244-245;
in Marx, 328, 330, 331; in Plato,
24-25, 27, 47; in Rousseau, 260n,
261, 266; in socialism, 220
Proudhon, Pierre Joseph, 22 In, 338n
Pythagoreans, 7, 21
Quadragesimo
in
15;
anno
(encyclical),
232-233
Qu'est-ce
que
Sieyes, E.
J.
le
316-318
Rerum novarum
232, 233
Revolution:
(encyclical), 231-
Anarchism, 225; in
42-44;
Bentham,
in
290; in Bossuet, 157; in Cicero,
55; in Colonial America, 402,
403; in Declaration of Independence, 205; in Fabianism, 224,
340; in Hobbes, 200, 201; in
Hotman, 189; in James I, 156; in
in
Kautsky,
223n-224n;
223,
Lenin, 355-357, 359-361, 363in
Aristotle,
Marx, 221, 325, 327, 330-331;
in
222; in Tertullian, 66; in
Thomas Aquinas, 120-121; in the
Vindiciae contra tyrannos, 157Sorel,
Roman
57; in Tacitus,
Plato, 25; in Rome, 15
Rationalism: in Burke, 275-276; in
Locke, 238-239
Rebellion. See Revolution
Recursus ab abusu, 19 In
Reginald of Piperno, 112, 115n
Regium placet, 19 In
Religion: in Anarchism, 225; in
Bentham, 284-285; in Burke, 275,
276; in Locke, 205-206, 239; in
Marx, 321, 332-333; in Rousseau,
239n, 268-269; in Tocqueville,
364; in Locke, 242, 243-244; in
See
Populus christianus. See Church
Posidonius of Apamea, 12, 59
Positivism, 207n-208n, 217-220
Priestley, Joseph, 286n
Princeps rei publicae. See PrinPrincipate,
Race: in Fascism, 381; in Gobineau,
318-319; in Hitler, 227-229; in
Tiers
tat?
See
158, 189n. See also American
Revolution, Class struggle, English Revolution, French Revolution, Russian Revolution
Revolution of 1905 (in Russia), 352
Ricardo, David, 286n, 341, 343
Roman law. See Law
Romanticism, 208
Rome,
4, 13, 14-15, 15-17, 50-52,
56-57, 73, 247-248
Rose (Bishop of Senlis), 158
Rousseau, Jean Jacques: life, 258-
260;
political
writings,
261-269;
on absolutism, 208, 263, 266; on
citizenship, 263-264; on the contheory, 120n, 24 1,. 24 In,
262-263, 264-268 passim; on the
forms of government, 267n-268n;
on law, 266-267; on property,
260n, 261, 266; on religion, 239n,
268-269; on the separation of
tract
Index
[451
powers, 265; on sovereignty, 208,
263, 265-266, 267-268; on the
state, 261n, 263, 266-268; on the
state of nature, 256n, 260, 260n,
57n,
262n-263n;
261-262,
37,
256n, 279, 414
Ruler, qualities of the ideal: in St.
Augustine, 77; in John of Salisbury, 107; in Machiavelli, 177,
180-183; in Plato, 24-26, 28-29
Russian Revolution, 352-354
Hobbes,
198-200; in
in Locke,
241-242, 243; in Machiavelli, 179;
251-253;
in
in
Montesquieu,
Roman law, 17; in Rousseau, 208,
263, 265-266, 267-268; in Suarez.
167-168; in Tocqueville, 310, 314;
17, 158. See also Authority, Contract theory of government, State
155,
196,
206n-207n;
liberalism,
Spencer, Herbert, 219-220
Stalin, Joseph,
35 In, 355
Stamp Act, 272, 272n
Bartholomew Massacre, 188n
Saint-Simon, Henri de, 217, 221
Savonarola, Girolamo, 173, 176
St.
Scientific socialism.
Seneca
(Lucius
See
Communism
Annaeus Seneca),
12, 12n, 86-87, 88, 159
Separation of church and state. See
Church and
state
Separation of powers: in the Amer407-409; in
ican Constitution,
Hegel, 303-304; in Locke, 242;
in Montesquieu, 208, 254-255; in
Polybius, 14; in Rousseau, 265
Shaw, George Bernard, 337, 338,
340, 342, 343-344, 346
Sieyes, E.
J.,
208-209
36n-37n, 45,
46; in St. Augustine, 79; in
Cicero, 54; in Roman law, 16n17n; in the United States, 392-
Slavery:
in
Aristotle,
393, 418-419; 10, 46
Smith,
Adam, 292n-293n
Social compact. See Contract theory
of government
Socialism, 220-225. See also Communism, Democratic socialism,
Fabian Society, National Socialism, Syndicalism, Utopian socialism
Sociology: in Comte, 218; in John
Stuart Mill, 215
Socrates, 8-9, 10, 20, 21
Solon, 6
Sophists, 7-8, 298
Sorel,
Georges, 222-223, 372, 375,
382
Sovereignty: in the American Constitution, 415-420; in St. Augustine, 76, 79; in Bellarmine, 160;
in Bodin, 155, 190-194; in Cicero,
53, 55; in Hegel, 303, 305; in
State,
The:
in Aristotle, 34-35,
36-
45, 86, 105, 119; in St. Augustine,
75-79; in Bellarmine,
160; in
Bentham, 289-290;
193;
in Bodin, 190278; in Calvin,
in Cicero, 53-59, 75, 75n,
in
Burke,
154;
87; in Dante, 131; in Fabianism,
338-339; in Fascism, 212, 228,
380-381, 381-383; in Hegel, 217,
299-304, 304-305; in Hitler, 228229; in Hobbes, 197-198, 198200; in John of Salisbury, 104105; in Lenin, 361-366; in Locke,
241-242; in Marsilius of Padua,
137-141; in Marx, 221, 326-327,
328-329, 330; in Montesquieu,
250-255; in Plato, 22-25, 27, 28,
105; in Roman law, 90; in Rousseau,
261n, 263, 266-268; in
Socrates, 8-9; in Suarez, 167-169;
in Thomas Aquinas, 117, 118-119,
121-123. See also Authority, Contract theory of government, Sovereignty, Catholic principles of
politics
and economics: in Bentham,
292-294; in Locke, 244-245; in
Adam Smith, 292n-293n
State of nature: in Hobbes, 198; in
Locke, 239-241, 242; in Montesquieu, 249, 256; in Rousseau,
256n, 260, 260n, 261-262, 262n-
State
263n; 37, 207
See Sovereignty
Stirner, Max, 224-225
States' rights.
Stoics, 11-13, 59-60, 67-68, 87, 105-
106
Sturzo, Luigi, 230
Suarez,
170,
Francisco,
417
S.J.,
124,
167-
Index
452]
Summa
super titulis decretalium.
See Henricus de Segusia
Surplus value: in Marx, 329-330,
334
Syllabus of Pope Pius IX, 165
Syndicalism, 222-223, 382
Tacitus (Cornelius Tacitus), 15
Taine, Hippolyte, 212, 374
in
158;
S.J.,
Thomas Aquinas,
120-121; 89, 91
Tyranny: in Aristotle, 40, 41, 43-44;
55-56; in John of
in Cicero,
Salisbury, 108; in Locke, 243; in
Montesquieu, 253, 254; in Suarez,
168; in Thomas Aquinas, 120121; 3, 9, 14, 19, 22, 26, 89-91.
See also Government, forms of
Tertullian, 66
Thomas Aquinas,
St.: life, 111-112;
general philosophy and theology,
112-118; Summa Theologica, described, 114-116, 117; on authority, 119-122; on church and state,
123-124; on citizenship, 123-124;
on the contract theory, 118-119,
120n; on the forms of govern-
119; jon_iu^tice,_yT^ on
law, 117-118, 122-123; on monarchy, 119-120, 122;^n_natural
law, 117-118, 119, 402, 409; en
revolution, 121; on the state, 117,
118-119, 121-123; on tyranny and
tyrannicide, 120-121; on war, 124;
and Aristotle 38, 113-114; 102,
ment,
109, 201, 389, 391, 396, 402, 403-
404, 409, 410-411, 417
Timocracy, 22
sanctam (bull), 97
Unico. See Stirner,
life,
passages, 317n-318n
225
Toniolo, Giuseppe, 372-373, 382
Totalitarianism, 226-227. See also
Communism, Fascism, National
Socialism
Trotsky, Leon, 351, 351n
Tyrannicide: in Boucher, 158; in
Buchanan, 158;
in Hobbes, 200;
bury, 108-109; in
Erasmus, 159;
John of SalisJuan de Mariana,
in
Max
United States: in Tocqueville, 307319; 387-423
Universal empire. See World state
Utilitarianism,
290-291,
214-216,
286-289,
293
Utopian socialism, 22 In
Utopias, 159n
Vindiciae contra tyrannos, 157-158,
189n, 414
Virtu: in Machiavelli, 178, 178n
Vitoria, Francisco, O.P., 124, 170
Wallas,
War:
Graham, 337
in Hegel,
clitus,
6-7; in
Machiavelli,
306-307;
on aristocracy, 312-313; on the
Catholic Church in the United
States, 317; on democracy, 214,
307-319; on freedom, 308, 309n31 On; on the French Revolution,
281, 307; on religion, 316-318;
on sovereignty, 310, 314; on the
United States, 307-319; prophetic
Tocqueville, Alexis de:
Tolstoi, Leo,
Unam
Montesquieu,
Aquinas, 124
Webb, Sidney,
301-303; in HeraLocke, 240-241; in
175,
250;
184-185;
in
in
Thomas
337, 340, 341, 343,
346
Wells, Herbert George, 342, 347
White, Andrew, S.J., 397
Williams, Roger, 390-391
Wilson, James, 401, 413, 417
Wise, John, 390, 411
Women: in Aristotle, 47-48; in
Bentham, 292n; in Marsilius of
Padua, 139; in Plato, 25, 47-48
Woolman, John, 392-393, 419
World state: in Dante, 129, 130,
131-132; in Hegel, 301; in Zeno,
12-13
Xenophon, 8
in
Zeno of Citium, 11-13
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