18th-Century Political Thought: Montesquieu, Sieyès, and Rousseau
Montesquieu (1689-1755)
The Spirit of the Laws (1748) introduced the sociological method and significantly influenced political thought.
Political Ideas:
Montesquieu, drawing from his observations of the English system as described in Chapter VI of Book XI of The Spirit of the Laws, argued that all power, when unchecked, leads to abuse. He believed that a key to preventing tyranny lies in the separation of powers.
Theory of Governments:
(Outlined in Books II and III of The Spirit of the Laws)
- Republic: Power resides in the sovereign. If power is held by a select few, it is an aristocratic republic; if vested in the majority, it is a democratic republic.
- Monarchy: A government bound by laws.
- Despotism: A single ruler governs without constraints of rules or laws.
Principles of Governance:
- Democratic Republic: Should be guided by virtue.
- Aristocratic Republic: Must be governed by moderation, ensuring a balanced distribution of power and preventing inequalities.
- Monarchy: Should be governed by honor, with each individual adhering to a code of conduct.
- Despotism: Maintained through fear, treating subjects as subservient.
Moderate Government:
Montesquieu advocated for a moderate government where the exercise of power is tempered by:
- Separation of Powers: Dividing governmental authority among different branches to prevent any one entity from becoming too powerful. This principle was inspired by the medieval parliament and the self-governing nobility, which served as intermediary bodies between the king and his subjects.
- Territorial Power: Distributing power across different geographical levels, such as regions, provinces, and municipalities. Montesquieu acknowledged that this principle was not universally applied in his time.
Freedom:
Montesquieu defined freedom for a citizen as the peace of mind derived from feeling secure. He believed that freedom under the law meant having the right to do what the law permits and no obligation to do what the law does not mandate.
Sieyès (1748-1836)
Emmanuel Joseph Sieyès was a prominent figure during the French Revolution, serving in the Constituent Assembly. His influential political pamphlets, including “Essay on Privileges” (1788) and “What is the Third Estate?” (1789), significantly shaped the course of the revolution.
National Sovereignty:
Sieyès argued for the supremacy of national sovereignty, a power above all others. He defined a nation as a collective of individuals living under common laws and represented by a single entity (a parliament). He believed that the nation was synonymous with the productive class, primarily the Third Estate. Sieyès advocated for representation at the state level.
- National Sovereignty: Sieyès posited that sovereignty resides solely in the nation, an abstract concept distinct from the general populace. He believed that only those with economic power within the Third Estate should hold the right to vote, thus restricting suffrage.
Representative Democracy:
Sieyès considered direct democracy impractical due to:
- The large size and population of modern states.
- The lack of political knowledge among the largely illiterate populace.
He proposed representative democracy as the only viable option, where citizens elect representatives to make decisions on their behalf. Sieyès distinguished between two types of representative assemblies:
- Extraordinary Assembly: Tasked with drafting the Constitution, outlining natural rights and establishing state institutions. This assembly would dissolve upon the Constitution’s approval.
- Regular Assembly: Operating under the established Constitution, this permanent body would focus on legislative matters.
Imperative Mandate vs. Representative Mandate:
Sieyès contrasted two forms of representation:
- Imperative Mandate: Representatives in medieval parliaments received binding instructions from their constituents and faced potential repercussions, including execution, for non-compliance.
- Representative Mandate: Sieyès advocated for representatives to act in the best interests of the nation, not bound by specific instructions from their constituents. This approach granted representatives more autonomy and protected them from punishment by voters.
Constituent Power vs. Constituted Power:
- Constituent Power: The power to create and ratify the Constitution, residing in the nation. This power is supreme and unlimited.
- Constituted Power: The powers established by the Constitution, such as the executive, legislative, and judicial branches. These powers are subordinate to the constituent power.
Rousseau (1712-1778)
Jean-Jacques Rousseau, in his influential work The Social Contract or Principles of Political Right (1762), explored the concepts of the social contract, popular sovereignty, and forms of government.
Social Contract:
Rousseau described the social contract as an agreement where individuals, initially living in a state of nature with inherent natural rights, voluntarily surrender some of those rights to form a society. In return, they gain civil rights and the protection of the state. The purpose of the social contract is to ensure freedom and equality, with individuals submitting only to laws that reflect the general will.
Popular Sovereignty:
Rousseau believed that political authority ultimately resides in the people. He distinguished between:
- Law: An expression of the general will, originating from and applicable to all members of society.
- Decree: Applies to specific groups or individuals, not reflecting the general will.
Characteristics of Popular Sovereignty:
- Inalienable: Cannot be transferred to another person or entity.
- Indivisible: Cannot be divided among different groups. Rousseau believed that the more parties involved in decision-making, the more diverse the opinions and the better the representation of the general will.
- Infallible: The general will, when properly understood, is always right.
- Absolute: While unlimited in principle, popular sovereignty is not arbitrary, as it aims to serve the common good of all.
Forms of Government:
Rousseau differentiated between:
- Sovereign: The political community, the people as a whole.
- Government: The body that executes the law.
He identified various forms of government based on who exercises power:
- Monarchy: Rule by a single individual.
- Aristocracy: Rule by a select few, either hereditary or elected (which Rousseau considered more natural).
- Democracy: Rule by the people, where all citizens participate in executing the law.
Rousseau believed that the ideal form of government depends on the size and character of the population. He favored direct democracy for small communities but acknowledged that larger states require indirect democracy through representation.