Commonwealth
particular ends they pursue, but only according to the mode of their
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six books
particular ends they pursue, but only according to the mode of their operation. Nevertheless one cannot get over the fact that another element than purely constitutional factors is brought in. It is a particular example of his tendency to mingle judgements of fact with judgements of value without distinguishing them. Much more original was the distinction he made in the second place between the sovereign and the government, or machine through which the sovereign operates. Each of the three fundamental types of commonwealth can be provided with a form of government normally characteristic of one of the other two [II, ii]. By this test ancient Rome was a democracy governed aristocratically, and contemporary France, England, and Spain monarchies governed democratically. This analysis was, he claimed with justice, new. Moreover it was surely much more true to the facts than the old doctrine of mixed constitutions. Bodin gave so much time and space to the meticulous examination of the structure of actual states because the ultimate purpose of his analysis was a practical one. He wanted to find out the secret of stability in a politically unstable world. Being a sixteenth-century Frenchman, and a patriot, his decision was inevitably in favour of monarchy [VI, iv]. The essential mark of sovereignty is the power to command, and commands, as he says, must proceed from a single will. Collective sovereignty belongs to the realm of ideas rather than of actualities, so that in times of crisis, when immediate and decisive action is necessary, all types of commonwealth tend to revert temporarily to monarchy by the institution of a dictatorship, or some such expedient. Moreover, since he rejected the necessity of consent to government, the important thing about government in his view is not that it should be approved, but that it should be well-advised. A king alone can consult whom he wills, and be governed by the advice of the wiser, and not just the more numerous part. Democracies where the opposite is true, and it is the opinion of the majority that prevails, he thought the least stable form of commonwealth because the majority of men include the ignorant, passionate, and gullible. Aristocracies he also thought insecure because perpetually threatened by dissensions, dissension between the governed and the governing class, and struggles for power within the governing class itself. Only in a monarchy are conditions to be found favourable to that alliance of unity with wisdom which makes the proper exercise of power possible. Defects however can be mitigated, if not eliminated, if the form of the government is different from that of the commonwealth. The democratic Roman Republic lasted so long because governed aristocratically, in that office was largely confined to the patrician class. It was much vexed by civil strife, but it exhibited a measure of wisdom and discipline in the conduct of affairs which could not have been expected from the plebs, and which secured its long survival. But with the example of the three great western monarchies before his eyes, he was convinced that the most stable form is a monarchy governed democratically, that is to say where the king consults the estates, and all subjects are eligible to office, and it is not exclusive to any one class. Such a state has both the strength that comes from unity, and the strength that comes from common consent. Not that Bodin thought that it was possible to establish at will those forms perceived to be the most stable. On the contrary he did not consider that the particular forms of states are a matter of human choice and contrivance at all, but rather the inevitable product of environment, or 'climate' as he calls it [V, i]. His doctrines were a deduction from still current medieval physiological theories about the close inter-relation of mind and body. Temperature and humidity determine physique, and physique determines mental and moral aptitudes. This being so it is obvious that the forms of law and government must also be shaped by these unalterable conditions. Rather surprisingly for so systematic a thinker he makes no attempt to bring his argument full circle, and work out a connection between the three climates he distinguished, frigid, temperate, and torrid, and the three fundamental types of commonwealth. It would have meant much forcing of the facts about the distribution of political forms in Europe to make them fit into a neat pattern of this sort. He preferred to leave these ends loose, and confined himself to such scattered observations as that the vigour and independence of mountain peoples, which comes from the severity of the climatic conditions, explain why the Swiss and the Florentines have developed democratic forms of government, whereas the more relaxing effect of damp and marshy country predispose Venetians to submit to the rule of an aristocracy. Forms of government and of law must be judged therefore by relative and not by absolute standards. The savage penal code, and warlike policies appropriate to the physically vigorous, brave but stupid northern races are altogether unsuited to the delicate, timid, imaginative, and subtle southerner. Diplomacy is the effective weapon of their advancement. Bodin had said at the beginning of the Six books of the Commonwealth that no state pursues the good life absolutely, but always some particular and partial good. His doctrine of the influence of environment meant that it is in the nature of things that this should be so. Here a modem reader would be satisfied that Bodin had made his point and need carry the argument no further. But Bodin meant by 'climate' something much more all-pervasive than temperature, humidity, and the he of the land, though he included all these things. When he subordinated the commonwealth to divine and natural law he did not only mean that its laws and its government ought to conform to a moral order. He also meant that it had its necessary place in a physical universe subject to invariable natural laws proceeding from God as first cause. It is only when his cosmological ideas are taken into consideration that the full significance of his relativist views on politics is to be appreciated.[4] His system was medieval, for he deliberately rejected Copernicus in the Novum Theatrum Naturae, and adhered to the traditional view based on Aristotle's physics. That system was necessarily astrological. If Aristotle's premises were accepted, first that the universe consists of a material core, the earth and its atmosphere, enclosed within an immaterial envelope, the heavens; and second, that matter is in itself inert and formless; it followed that its myriad forms, and the unceasing transmutation to which it is subject, must proceed from immaterial agents external to it. These agents can only be the stars. Their perpetual and complex revolutions in their circular orbits round the earth are the cause of all phenomena and all change of any kind. All things, from a grain of corn to a commonwealth, are moulded by the place and time of their occurrence, and their life-histories governed by the movement of the heavens. Hence his view of history as the record of recurrences. The historical process must be cyclic rather than evolutionary since it proceeds from the circular motion of the heavens. It was therefore natural and inevitable that his treatment of history should seem from our point of view to lack perspective. He agreed with Machiavelli that history repeats itself: democracy in ancient Rome, or in the Forest Cantons of contemporary Switzerland was a manifestation of a fixed and constant type. But whereas Machiavelli derived his cyclic view of the historical process from his doctrine of the constancy of human nature, Bodin derived it from the recurrent pattern of events inherent in the cosmic process. It will be observed that Bodin's ideas about the relativity of laws and institutions have a spatial rather than a temporal reference. As one moves through space they differ, according to the different figure of the heavens enclosed within their horizon. But as one moves through time one keeps on coming upon the same phenomena, according as the stars repeat their revolutions. This is not to say that he believed in an order of necessity in human affairs. The search for the principles of practical wisdom in politics which dominates so much of the Six books of the Commonwealth presupposes the opposite. Bodin held the orthodox view that the will, being immaterial, is free of those celestial forces that mould matter. If a man cannot change his environment and the influences to which he is subject, he can make the best or the worst of his situation. The increasing disorder of the world in which he lived convinced Bodin that statesmen were making the worst of it, largely through ignorance, and states, as do natural bodies, were perishing untimely from violent disorders. Books IV and V therefore are devoted to the problem of the preservation of the commonwealth, or rather, of the sovereign power which is its constitutive principle. It takes the form of a discussion of revolutions, what induces them, and what precautions are necessary to avoid them, for it must be remembered that for Bodin a revolution which removes the seat of sovereignty involves the destruction of one state and the foundation of a new one. Bodin was always drawing conclusions about what ought to be done, but these two books are entirely devoted to the applied science of politics. He considers such questions as the laws governing the distribution of property [V, ii], the rules relating to eligibility for office and the terms of appointment [IV, iv], the attitude to be taken to political parties, or to professional and other associations of citizens [IV, vii and III, vii], or the best way of securing the state against attack [V, v]. He lays down a few rules of general application. Patrimonial estates should not be confiscated, whatever the needs of the exchequer [V, iii]. Divisions among citizens such as are embodied in political parties should never be encouraged, but peaceful associations such as trade-guilds should [III, vii]. Office should never be sold [V, iv]. But nearly all his conclusions are, as is to be expected, relative to the type of commonwealth to be preserved, for as he says, states of opposite tendencies require opposite policies. For instance, in a democracy office must be open to all and of short duration to preserve an even distribution of power by equal and rapid rotation. If this is not secured democracy perishes. By parity of argument in an aristocracy eligibility must be confined to the ruling class. In the case of monarchy, however, since it is not based on the rule of a class, the king can choose his officers where he will, and be guided solely by convenience in fixing the terms of appointment, long in subordinate positions where experience is useful, short in the high offices of state where long enjoyment of power makes a mere subject too mighty. He owed much in these two books to a similar discussion in the Politics. But he was an independent observer of contemporary politics, and not only did he apply what Aristotle had to say to conditions in the sixteenth century, but recognized problems which did not exist for Aristotle. Aristotle suggested his treatment of the subject of tyranny. But such discussions as those on treatment of political factions, or the arming of the subject, derived from his own observation or reading. This preoccupation with contemporary problems is a result of his didactic intentions. As has been said already, he wished to remedy, not just analyse, the causes of disruption. He was addressing himself to statesmen, and there were two lessons he wished to impress on them. First, that just because a commonwealth is the outcome of circumstances, preconceived notions about how it should be governed are useless and even mischievous. The ruler must start with a thorough understanding of the particular situation with which he has to deal, since fundamentally he cannot change it. And second, having such knowledge of the situation, he must then know what experience has shown to be the appropriate way of dealing with it. The discussion of the means of preservation of the different kinds of commonwealth, when taken in conjunction with the initial account of the commonwealth as such, raises considerable difficulties. What ends did Bodin really think the state served? In book I it is said that it exists to promote the good and virtuous life for its citizens. A commonwealth is contrasted with a band of robbers, for one is based on justice and the other on violence. He also said that having determined the end, the means to its realization would then be considered. But the argument does not develop in this way. It is not means to the end of virtue in the citizen which are subsequently discussed, but means to the end of the preservation of the state, regardless of its character. He had of course pointed out in book I that a state must live before it can live well, and this concentration on the immediate problem of survival rather than on the ultimate purpose of the good life does not in itself create any difficulty. But he not only includes tyranny among the true types of commonwealth, but considers how it may best be preserved. Since tyranny is by definition that form of the commonwealth in which divine and natural law is set at defiance, it is difficult to see why he should have recognized it as a commonwealth while rejecting a robber-band, or how it is to be reconciled with the definition of the state as a rightly ordered government. His inconclusiveness on this crucial point was a consequence of what was characteristic of much of his argument, a tendency to pass from a discussion of what is right to a discussion of what is necessary or expedient, without apparently being aware of the shift of ground. An example has already been noticed in his analysis of the fundamental types of commonwealth. Another is the criteria appealed to in determining the best form of commonwealth [VI, iv]. Or again, it is never quite clear whether he insisted on discipline because it was conducive to virtue, or because it was a condition of political stability. His hesitation arose from the fact that he saw the state in the first place as the possible, and only possible, instrument of the good life on earth. He also saw that to be this it must be an effective power. Thinking of what the state might be he gave it by definition a moral purpose. Thinking of how necessary it is, he accepted any effective organized power as a true state. The contradiction was never resolved. In the last analysis he thought any form of polity, however tyrannical, better than anarchy, just as he thought any system of beliefs, however crude and cruel, better than atheism. Therefore the preservation of some sort of state must in all circumstances be secured. The whole work concludes with a chapter on justice. This would seem at first glance to be a return at the last to the theme of the rightly ordered commonwealth described at the beginning, as distinct from the efficiently governed one, which subsequently occupied his attention. In book I, when illustrating the partial aims of all particular states, he put Rome highest because her achievement was justice. The whole book therefore closes on the suggestion that the best realizable right order which actual states can hope to achieve is not the whole good of man, but that modest degree of it which is called justice. What he meant by the term is therefore of some importance. In the earlier part of the Six books of the Commonwealth when he is discussing the commonwealth as such, he not infrequently uses the term 'natural justice', without however explaining what he meant by it. The context generally suggests however that he meant respect for the rights of the subject to his liberty and property. In this last chapter on the other hand it is political justice and not natural that he is talking about. He had noticed the difference when he observed that Plato thought of justice as a philosopher and not as a jurist. In this last chapter Bodin is speaking as a jurist. He defines it in legal terms, as the principle upon which rewards and punishments are distributed in the commonwealth, that is to say the working of the criminal law, and the administration. But whereas natural justice is presumably in his view constant and universal, here the proper order of justice is relative to the type of commonwealth. Commutative justice, or the strictly equal distribution of honours and penalties preserves a democracy but would destroy an aristocracy. Conversely distributive justice, or award in accordance with the quality of persons, safeguards an aristocracy but would corrupt a democracy. In a monarchy where a more elastic social system is possible than in either of the other two types, since in it classes are at once distinguished and yet not mutually exclusive, harmonic justice is the appropriate form since by it honours are given not in accordance with the status of persons, but with their Download 0.89 Mb. Do'stlaringiz bilan baham: |
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