Chapter 2 Two liberal traditions

Larry Siedentop
Nothing reduces the value of discussion about modern political thought more than the contrast commonly drawn between ‘liberalism’ and ‘socialism’. That contrast has become simpliste and misleading. It has come to be made in a way that neglects the richness of liberal thought in the nineteenth century, and ignores the extent to which modes of argument and themes which are usually assigned to ‘socialism’ formed an important part of liberal thought in that period. Indeed, some of these modes of argument and themes were introduced by liberal thinkers, and only later adopted by socialist writers. To that extent, it is fair to say that the conventional contrast between the two traditions is particularly unfair to liberalism – excluding from it some of its own progeny. Even at first glance, the contrast between liberalism and socialism seems inadequate. To say that the two traditions give priority to different concepts – liberty in the one case, equality in the other – fails to make clear the sense in which liberalism is itself rooted in the concept of ‘natural’ equality. The presumption in favour of equal treatment, built into the framework of ideas in Contract Theory, meant that no man had a moral obligation to obey another as such – that is, the right to command and the duty to obey were no longer written into hereditary social roles as in a caste society. Thus, the fundamental or root concept of liberalism is equality, and its commitment to liberty springs from that.
Why do these things go unrecognized today? What has given rise to the misleading contrast drawn between liberalism and socialism? One development especially, I think. One strand of the liberal tradition has been emphasized to the exclusion of another. Yet the other is in many ways the richer tradition. To oversimplify somewhat, these two traditions can be described as the English and French traditions. What I shall argue is that the standard picture of liberalism is derived almost entirely from English liberal thought, and neglects French liberal thought – with the result that our picture of the development of both liberalism and socialism is distorted.
Many of the criticisms commonly directed at ‘liberalism’ apply chiefly to the English liberal tradition. What are the most important of these criticisms? At least three must be considered. First, it is often alleged that liberalism involves an impoverished concept of the person; that it overlooks the social nature of man. This criticism is closely connected to recent discussion about methodological individualism – to criticism of a mode of argument which postulates an atomized, unhistorical individual who looks (to many socialist thinkers at least) suspiciously like an entrepreneurial type fostered by nascent capitalist society. In effect, the criticism is that liberal thought neglects to explore the influence of social conditions on the agent – that it neglects the socializing process.
The second, closely related criticism of liberalism is that it shirks the hard work of understanding how changing social relations and attitudes reflect or spring from changes in the mode of production. On this view, one of the constant features of liberal thought is its preoccupation with the political or legal sphere and its neglect of civil society. Finally, a third criticism of liberalism is that it has an inadequate concept of liberty or liberation. Here the argument is that in its concern to define criteria that will create and protect a sphere of private action (and limit the sphere of legitimate state action), liberalism fails to appreciate the moralizing role of political participation – the fulfilment which the performance of civic duty brings.
The vulnerability of English liberal thought to these criticisms – which I do not deny – results largely from its close association with empiricist philosophy.1 From Locke to J. S. Mill leading English liberals found their vocation as philosophers of mind and based their political arguments on the empiricist (or sensationalist) theory of knowledge. Now by far the most striking thing about empiricist epistemology during that period is that it was exercised by the problem of individual knowledge of the natural world. The central questions posed were: how does the individual mind acquire knowledge of the external world, and how can we be sure that such knowledge is accurate? These questions had been stimulated by developments in seventeenth-century natural science, and their elucidation involved exploring the meaning of such ideas as ‘causation’ and ‘law’. The criteria of reliable knowledge which came to be defined by Locke and Hume made observable regularities or uniformities of behaviour the test. True to its original inspiration – the natural sciences – empiricist philosophy insisted on verification as the test of ‘true’ knowledge.
But that empiricist test for knowledge created a wholly new problem of social explanation. In retrospect, we can see that what the first empiricists did was, in effect, to collapse the concept of ‘rules’ into that of empirical laws. Early empiricist philosophy – or the sensationalist model of the mind – did not offer a satisfactory account of the nature of rule-governed action. It did not explain the role of social norms in shaping individual intentions and making action possible. It did not explore the dependence of the concept of the ‘self’ on a social context. Rousseau was one of the first to notice this weakness, and struggled to remedy it, with mixed success. French social thinkers in the late eighteenth and early nineteenth century took far more seriously questions about the origin of language and the sense in which society is a normative or rule-governed (rather than merely causal) order. These questions preoccupied thinkers as different as Condillac, Rousseau, Bonald and Maistre. They explored the conditions of social action: that is, the sense in which it is only possible to speak of individual motives and intentions by placing them in a context of social rules. In effect, these French thinkers made the first real criticisms of methodological individualism in social studies.
As a result French liberals – Mme de Staël, Benjamin Constant; a group called the Doctrinaires that included Royer-Collard, Barante and Guizot; and, above all, Alexis de Tocqueville – took a step which was decisive for the later development of political thought. In effect, they began to insist that political theory be founded on a theory of social change. No political theory, they argued, could be founded merely on assumptions about an unchanging or essential human nature or on assumptions about the contents of the human mind. In that sense, the French liberals rejected a deductive model and substituted an inductive model for political theory – changing economic and social structures established constraints within which political organization had to work. Given certain economic and social conditions, then only certain political options were open. If, for example, the subdivision of property, the spread of education and social mobility had undermined the caste system of feudal society, then aristocratic government on a quasi-feudal model was no longer possible.
That did not mean that economic and social conditions dictated one political outcome. The French liberals – especially the Doctrinaires and Tocqueville – insisted on the reality of political choice, but within limits. Those limits were imposed by ‘social structure’. Thus, the Doctrinaires observed that the development of the state rested upon the weakening of the feudal hierarchy, the rise of towns and growth of a market economy. But within the larger pattern they were also struck by the different forms of the state and of political ideas which emerged in England and France. They began to explore the sources of that difference.
It is not too much to claim that the Doctrinaires were the originators of a sociological approach to political theory. They were the first political thinkers who consistently rejected the classical term ‘constitution’ as inadequate for political and social analysis. By distinguishing between laws as commands (enforced by public power) and other social rules, they drew a distinction between political institutions and social structure, and developed criteria for applying the latter concept – criteria such as the distribution of property, education and social mobility. When referring to social structure, the Doctrinaires used terms such as la condition sociale, l’état social, etc. By drawing attention to changes in les mœurs and social conditions, the Doctrinaires insisted, in effect, on the limited efficacy of law. Ultimately, they argued, law is less powerful than les mœurs; it cannot be used successfully if it is turned against the whole ‘direction’ of social change. Law-makers become powerless if they seek to overturn or ignore the division of labour in a society, the distribution of property and popular expectations. In that sense, law-makers must accept a foundation of economic and social facts as given – seeking merely to modify rather than overturn such a powerful concatenation of circumstances.
In view of the emphasis by French liberals on property relations and class conflict, it is hardly surprising that Marx derived not just historical information but social theory from Guizot and Tocqueville – those ‘bourgeois historians’ whom he went out of his way to praise in later years. The pity is that by describing them simply as historians he obscured the nature of his debt to them. Yet it was the Doctrinaires’ concept of social structure and their emphasis on the priority of economic change that gradually created a new mode of political argument.
The role of the Doctrinaires in creating a sociological basis for political theory has gone unnoticed. In fact, the credit has been claimed for two other groups of thinkers – wrongly, I think. Marxists sometimes point to the theories of social change developed by eighteenth-century Scots such as Adam Ferguson and Adam Smith as the origin of sociological argument. And it is perfectly true that what has been called the ‘Four Stages’ theory – in which human development is traced through (a) hunting and gathering, (b) nomadic and pastoral, (c) agricultural, and (d) commercial stages – represented an enormous breakthrough in understanding.5 For the mode of subsistence is used to identify each stage, and other practices are related ‘functionally’ to it. Yet the Scottish thinkers were not primarily interested in the problem of government. Their theories of social change are not designed to explore political issues or to contribute to the solution of pressing political problems of their own time. Hence the universal scope of their theories, which were not fashioned as a means of political reform. That is where the Doctrinaires differ. They were faced with the problem of reconstructing French institutions – and especially government – after the Revolution. Leading Doctrinaires such as Royer-Collard and Guizot held important political posts under the Restoration. Hence their accounts of social change were fashioned to throw light on the current predicament of France. In order to understand the new condition of French society, they narrowed their accounts of social change to Western Europe since the early feudal period. They no longer attempted to encompass the whole of human development. Rather, they sought to understand how changes in the form of French government ‘sprang from’ social and economic changes, and, a fortiori, to what extent the highly centralized state machine which the Restoration inherited from Napoleon was inevitable under modern social conditions, or whether decentralization was possible. Thus, they sought to explore the structure of modern society – which they began to call ‘democratic’ – with that political problem – centralization – constantly in mind.
Recently, still another group of thinkers has been given credit for creating modern sociological argument. In The Sociological Tradition Robert Nisbet has laid great emphasis on the contribution of counter- revolutionary writers such as Burke, Bonald and Maistre to the definition of the key differences between traditional and modern society.6 It is certainly true that the counter-revolutionaries relentlessly criticized the methodological individualism (in the form of natural rights theory) of the Enlightenment, and contributed to a more holist approach to the study of society. In particular, they explored the factors making for social cohesion, and perhaps unwittingly helped to develop the concepts of social structure and function. But there is one great difficulty involved in making a strong claim for them as founders of sociological argument. They ruled out fundamental social change. That is, they assumed that only one type of society was possible – a hierarchical one on the model of the ancien régime. Any departure from that model was defined as degeneration or decay, rather than mere change; and the conservatives were forever tempted to attribute such developments to conspiracy and/or heresy. Thus, instead of attempting to develop models that would make it possible to understand the evolution of Western European society, their argument remained wholly normative. Departure from their preferred model of society threatened to produce not another type of society but ‘non-society’ – that is, anarchy and dissolution. That is the severe limitation on the conservatives’ contribution to the origins of sociological argument.
Undoubtedly early nineteenth-century French liberals did learn from the writings of the conservatives. They learned, for example, to take far more seriously the problem of social order and the role of common beliefs in creating social authority. They also learned to take far more seriously the question of whether the atomization of society merely paves the way for the reign of brute force – which was the conservatives’ reworking of the argument from classical political thought that democracy leads first to anarchy and then to tyranny. But the liberals did not adopt the conservatives’ general strategy in argument. They did not define authority in such a way that it entails a hierarchical society; they began to ask what kind of authority would be compatible with greater social equality. By accepting the possibility of ‘democratic’ authority, they ruled out a simpliste distinction between authority and power – with the growth of naked power seen as the inevitable consequence of the rejection of rightful (hierarchical) authority. Thus, it was the French liberals who did the really hard work of analysis, and who created the first truly sociological idiom. For they rejected the wholly normative framework of the conservatives, and gradually defined concepts, such as social stratification and elites, which could be used for comparative analysis. The liberals gradually defined what seemed the major variables for the analysis of social change – the division of labour, the distribution of property, education, mobility and the level of expectation. Thus, it was the French liberals who invented the concept of a social – as distinct from a political – revolution. It is no accident that their greatest protégé, Alexis de Tocqueville, popularized the concept of a ‘democratic revolution’ spreading through the West.
In sum, the Doctrinaires came to accept that social change was irreversible and in that sense ‘inevitable’. Any attempt to use positive law or the state machine to undo the new division of labour and the increasing subdivision of property would be futile. Positive law was too frail a weapon to counter the thrust of new social habits, customs and expectations. How did the Doctrinaires come to these conclusions? Here some knowledge of French political history from 1815 to 1830 is indispensable. In the 1820s what might be called the ‘Great Debate’ took place in Paris – a debate which dominated the Chamber of Deputies, the press and pamphleteering. That debate was sparked off by the end of the period of relatively liberal Doctrinaire government (1815–20), after the assassination of the heir to the throne, the duc de Berri, in 1820. Doctrinaire government was succeeded by the ultra-royalist ministry of Villèle, which governed France – abetted by Charles X after 1824 – until the end of 1827.
To combat the ultra-royalist legislative programme, the Doctrinaires found it necessary to point out the structural differences between ‘aristocratic’ society and ‘democratic’ society – to show how the former had given way irremediably to the latter in France. Oddly, the ultra- royalists’ farouche proposals provided just the points of comparison that were needed. For they drew attention to the respects in which modern society differed fundamentally from medieval society. Thus, the Doctrinaires were able to define the structure of democratic society by way of contrast with the model of society implied by the ultras’ proposals. They were able to show, in speeches and in writings, that the ultra model of society no longer corresponded to anything in the real world. France, in other words, had undergone a profound social revolution. Wealth, power and education had been redistributed to a crucial extent. From a caste society founded on inequality of rights and the concentration of property, France had become a society founded on equality of fundamental rights – with the subdivision and circulation of property and a more complex division of labour. The fixed social positions of an ‘aristocratic’ society had created a powerful, self-confident elite resting on a permanently subordinated class. The dislodging of the individual from fixed positions in a ‘democratic’ society (or atomization, as the Doctrinaires began to call it) releases individual ambition and raises expectations; it creates anxiety, competition and social mobility. While the first type of society was associated with subsistence agriculture, the latter is associated with the growth of a market economy.
The mistaken premise of writers like Nisbet ought now to be clear. The major breakthrough in sociological argument – the attempt to found political argument on theories of social change – did not result from the debate generated by the French Revolution soon after 1789. Rather, it resulted from the debate under the Restoration generated by ultra-royalist proposals to restore the ancien régime. Liberals taking part in that debate created a new mode of argument. They rejected a wholly normative approach to political theory, developing models which made possible the analysis of social and economic change, and, a fortiori, the limits of political choice. Theirs was the really hard work in forging categories for sociological argument. The greatest work of nineteenth-century French liberal thought, Tocqueville’s Democracy in America (1835–40), exemplified and rested upon that new mode of argument. What was the consequence for political theory of that change in the mode of argument accomplished by the Doctrinaires and their protégé, Tocqueville? It was (a) a redefinition of the political problem, and (b) a more complex concept of liberty.
French liberals began to approach the problem of state power and authority in a very different way from their seventeenth- and eighteenth-century English predecessors. They were no longer wrestling with the problem of political obligation in its classical form. Nor were they seeking to define criteria which would permanently delimit the area of legitimate state action. Confronted by a far more powerful state machine than any known to the English liberals, they sought to understand what had contributed to the centralization of power (in particular, the role of class struggle), and what the obstacles to decentralization in an atomized or democratic society might be. Thus, the Doctrinaires began to ask new questions. What changes in social structure were bound up with the emergence of the state? In what ways did the structure of modern democratic society facilitate a concentration of power which might put both local self-government and individual rights at risk? To what extent is decentralization compatible with political unity?
In order to explore these new questions, the Doctrinaires fixed their attention on developments in Western Europe since the early Middle Ages. In examining changes in social structure, they were struck by one thing especially – the rise of the bourgeoisie out of the original castes of feudal society. In examining changes in political structure, they were equally struck by the way the growth of the state paralleled the growth of this new intermediate social class. How, then, were the two related? In effect, the Doctrinaires explored the relationship in two ways: conceptually and historically. Conceptually, they pointed out that the state (and the correlated concept of sovereignty) is a necessary condition for a structure of equal fundamental rights. The idea of a general political society, in which all are subject to a centralized agency acknowledged to have the right to make and enforce rules of conduct binding on all, is part of what we mean by ‘social equality’. A permanently classified society, on the other hand, does not entail such a centralized authority; for in it privileges and duties are defined into hereditary social roles. Thus, making a distinction between the ‘individual’ and his social roles implies the role of the state, the concept of sovereignty. Political centralization and social atomization are different aspects of the same process. The gradual collapse of the two original feudal castes into a new intermediate social condition – in that sense the triumph of the bourgeoisie or social equality – implies the growth of the state. But what kind of state? The second task undertaken by the Doctrinaires was to show how the different forms of the modern state must be understood as consequences of different patterns of class struggle. They identified two primary patterns – exemplified by the histories of England and France. The differences between the two derived from the weakness of central government in France in the early feudal period, and its relative strength in England after the Conquest. In France, the weakness of the crown vis-à-vis the feudal nobility led the crown to support the claims of the new boroughs, and created a tacit alliance between the crown and the tiers état directed against the power of the feudal nobility. The tiers état acquiesced in the growth of royal power in order to destroy their local aristocratic oppressors. In England, on the other hand, a different pattern of alliance grew up. The Norman Conquest had involved the creation of a relatively strong central power. Faced by the threat of royal tyranny, the English aristocracy gradually formed an alliance with the new boroughs, and eventually called representatives of the commons to Parliament. Thus, the English aristocracy joined the commons in limiting the pretensions of the crown, and fought to establish common rights. The result was the creation of the English constitution in which the rights of the crown were balanced by the rights of Parliament. In turn, the alliance between the aristocracy and the middle classes in England meant that the original caste society was gradually transformed – the feudal aristocracy based on birth and conquest fusing with a new aristocracy based on wealth. A more open social structure was the result.
Thus, different patterns of class conflict and alliance in the two countries had crucial political consequences. In France, the alliance of the tiers état and the crown against the noblesse meant that government was centralized in the executive, whereas in England the alliance of the nobility and the commons led to the centralization of government in the legislature. By the eighteenth century, then, the French monarchy claimed a monopoly of political right, while in England Parliament claimed to be sovereign. That difference had important consequences for the structure of government in the two countries. It meant that in England political centralization – the growth of the state – was not accompanied by administrative centralization: the upper classes kept local affairs firmly in their own hands. In France, on the other hand, local autonomy had been sacrificed by the bourgeoisie in order to destroy their feudal oppressors. Thus, the French government had fallen completely into the hands of the king’s agents, hierarchically organized over the country as a whole. In consequence, free mœurs (the habit of self- government and voluntary association) had died in France, while in England free mœurs were sustained by local autonomy. This historical argument was not the work of any one Doctrinaire, it emerged gradually from 1815 to 1830 in the writings of Mme de Staël, Royer-Collard, Barante and Guizot. In Guizot’s lectures at the Sorbonne in the late 1820s the argument took its definitive historical form – the form which so impressed the young Alexis de Tocqueville, who attended Guizot’s lectures assiduously from 1828 until the July Revolution in 1830. Tocqueville had the genius to see where the Doctrinaires’ argument led, and how it might be applied to political theory. In Democracy in America he generalized the Doctrinaires’ analysis, basing his argument on the models of two types of society and drawing attention to the dangers which arise in the transition from an ‘aristocratic’ society to a ‘democratic’ society. The disappearance of intermediate institutions – of the hereditary corporations and great magnates of aristocratic society – threatens to leave society without autonomous local institutions.
The changes are not merely political. Economic and social interdependence develop as the fixed, unequal positions of the older society give way to greater equality of rights, which permits freedom of movement, exchange and an increasingly complex division of labour. These changes create a new scale of social organization. They are made possible by the state, and, in turn, they reinforce the role of the state. Thus, the state grows rapidly at the expense of traditional associations such as the manor, commune and guild – and perhaps even the family.
What is the outcome? Whereas power and authority had been localized by the hierarchy of aristocratic society, the dislodging of individuals from fixed social positions – growing equality or atomization – paves the way for centralization. A democratic social structure offers no ‘natural’ obstacle to the growth of centralized bureaucratic power.
Tocqueville took over the image of an atomized society from the Doctrinaires, and he made it perhaps the most powerful of all sociological images. That image seemed to him to conjure up the central feature of democratic society – the change in the scale of social organization at the expense of local autonomy. That image made it possible to identify remote bureaucratic power as the new enemy. As early as 1822 Royer-Collard had used the image of la société en poussière to point out the centralization which threatens a democratic society.
We have seen the old society perish, and with it that crowd of domestic institutions and independent magistracies which it carried within it … true republics within the monarchy. These institutions did not, it is true, share sovereignty; but they opposed to it everywhere limits which were defended obstinately. Not one of them has survived. The revolution has only left individuals standing … It has dissolved even the (so to speak) physical association of the commune … This is a spectacle without precedent! Before now one had seen only in philosophers’ books a nation so decomposed and reduced to its ultimate constituents.
Thus, it became a premise of the Doctrinaires that the growth of state power was intrinsically connected with the atomization of society, with the destruction of traditional intermediate bodies.
To the Doctrinaires, the inadequacy of Montesquieu’s theory of the separation of powers suddenly seemed obvious. It rested on a hidden presupposition: the survival of an aristocratic social structure. For what limited the concentration of power in Montesquieu’s theory? Montesquieu assumed that the legislature, in whole or in part, would consist of representatives of a traditional superior class – which would keep local affairs in its own hands (on the English model), and thus prevent the growth of a despotic central administration. If the informal constraints on the growth of central power provided by an aristocratic social structure are removed, then no formal limitation on its authority – and, consequently, on the growth of its power – exists. In a democratic or atomized society, the separation of powers or functions in central government is not a sufficient safeguard against an excessive concentration of power legitimated by the concept of state ‘sovereignty’. For when these agencies of central government act in concert, then there are no independent centres of resistance left in society, no legal means of opposition.
In a democratic society, how could a degree of local autonomy be reconciled with the growth of the state? How could a balance of power between the centre and periphery of society be established? That became the politi cal problem as defined by the Doctrinaires in the 1820s. Under their influence, Tocqueville learned to see the problem in that way. In 1828 he wrote:
There are two great drawbacks to avoid in organising a country. Either the whole strength of social organisation is centred on one point, or it is spread over the country. Either alternative has its advantages and its drawbacks. If all is tied into one bundle, and the bundle gets undone, everything falls apart and there is no nation left. Where power is dispersed, action is clearly hindered, but there is strength everywhere.10
Soon Tocqueville concluded that America, rather than England, offered a solution. England had avoided administrative centralization because it remained to a crucial extent an aristocratic society. The United States provided the only successful example of decentralization in a democratic or atomized society. Why? Federalism had prospered because there was no need to destroy an aristocratic society there. Thus, American federalism seemed to offer a paradigm for the decentralization which ought to come in Europe when the transitional struggles against social privilege had been won. Tocqueville turned American federalism into an instructive myth, in order to demonstrate that local self-government is compatible with social equality and that those who argued that community is possible only within a fixed social hierarchy were mistaken. American federalism provided Tocqueville with the means of criticizing the unitary concept of the state and of sovereignty – by exploring different ways in which authority and power could be devolved within a political system. With the help of the federalist example, he was able to argue that the natural weakness of a democratic or atomized social structure – its tendency to centralize power and authority – could be corrected by means of political reform.
That new concern with the devolution of power and authority – with countering the trend towards centralization – became the badge of the French liberals. It shaped their discussions of the concept of liberty. Concerned with the changing structure of society, they found the empiricist concept of liberty inadequate. In their view, that negative or physicalist concept of liberty (defined as the absence of impediment or constraint) was not very helpful in a social context – that is, a context of rule-governed action. It remained important as providing a final criterion for distinguishing between coerced and free action. But, apart from that, it did not help much to clarify the different types of liberty that might be available in a modern nation. It did not identify different forms of rule-governed action, or make any use of the distinction between les lois and les mœurs – between political and social structure – which they now regarded as one of the conquests of modern political thought. In that way, the negative or physicalist concept of liberty failed to establish that intentions and motives, indeed action itself, are only conceivable within a framework of social rules. For that reason it failed to distinguish between the ‘absence of constraint’ and the ‘absence of obligation’.
In a society where rights were thus seen as de facto personal possessions, a fierce sense of individual independence was generated among the dominant class. That extreme sense of independence was necessarily weakened as social levelling and the emergence of the state created a new notion of rights and rules as by definition general and protected by public power. The emergence of political guarantees for rights and their generalization implies a notion of reciprocity which would have been unintelligible in a caste society resting on the assumption of natural inequality.
Obviously, once rights are seen as rule-dependent and generally applicable, then the idea of ‘civil liberty’ becomes important in identifying areas of free or uncoerced action defined and protected by law. But civil liberty does not exhaust the meaning of liberty in the context of the modern state. The idea of ‘political liberty’ is necessary to identify the forms of participation which might be available to individuals to influence the law- or rule-making process in a society. A society in which the idea of rights was associated above all with personal will, with the ability to enforce commands and resist encroachments, was unlikely to conceive of liberty as essentially involving the right and duty to take part in the formulation of rules which would then bind all. Yet the individual will to resist, and in that sense negative liberty, may be weakened by a society in which participation generates an alternative conception of liberty.
The ‘self-imposition of rules’ was the sense of liberty which Rousseau asserted in Du contrat social. But Rousseau had gone too far, in the view of the French liberals. Rousseau had removed participation from a context of civil liberties (and the negative freedom which they protect) and identified it instead with ‘virtue’ – thus collapsing the concept of liberty into that of morality. Benjamin Constant protested against Rousseau’s strategy by making his famous contrast between ancient and modern liberty; the implication of his argument was that in modern society ‘participation’ would have to be reconciled with respect for civil liberties.
To set up an ancient polis such as Sparta as a model was to ignore both the utterly different scale of modern society and the moral revolution which had issued in changed ideas about the proper relationship between the individual and the group. Thus, Constant and other French liberals insisted that emphasis on participation and civic duty should not jeopardize a sphere of fundamental individual rights against the group or the state. Only by recognizing such rights was ‘virtue’ in a modern, individualist sense promoted; to emphasize participation or political liberty on the ancient model to the exclusion of individual freedom or choice was to hold up a concept of virtue which belonged to a totally different type of society – a society in which virtue consisted in solidarity or submergence in the group. Thus, the French liberals were at pains to distinguish and defend the roles of conscience and civil liberty on the one hand, and political rights and civic virtue on the other.
Not only that. True to their consistent concern with social structures, the French liberals applied the concept of liberty to social structure and identified another sense of ‘liberty’ – a sense which in many ways they found the most interesting and the most important to vindicate. That was the concept of ‘free mœurs’. Free mœurs were understood to be a set of attitudes and habits fostered in individuals when civil liberty and political liberty or participation were joined together in a society, each reinforcing the other. The concept was used especially by Mme de Staël and Tocqueville. By free mœurs they meant a sense of personal capacity, which promoted both self-reliance and the habit of free association, and thus moulded all social relations. Free mœurs created an active citizenry attached to local freedom and joined together in numerous voluntary associations – the only real safeguard against excessive centralization, which, in turn, destroys free mœurs.
The second advantage expected from the development of local freedom was an enhanced sense of individual independence from the state. That is, the exercise of political rights and participation in government would make people more aware of their civil rights and increase their determination to defend them against both administrative abuse and legislative encroachment. Indeed, participation (in a context of civil liberty) would be likely to lead to calls for new rights, for the extension of civil liberty. Developing a clearer and firmer sense of the meaning of rights, citizens would be less pliable, less likely to tolerate the infringement or contraction of civil liberties. Thus, Tocqueville did not believe that it was possible to define a timeless criterion that would settle once and for all the legitimate sphere of individual action. Greater participation in government would be a more effective motor of the growth of civil liberty.
The third and perhaps greatest advantage which Tocqueville and other French liberals expected to follow from the development of local freedom and participation was a sense of personal capacity. That is what they meant by the development of free mœurs. As we have seen, the liberals’ concern with changes in social structure led them to apply the concept of liberty outside the sphere of political institutions. They became impressed by the advantages which an alert and active citizenry carried into all their social relations. That spirit could be satirized – and has been by later socialists – as the spirit of self-help, of Samuel Smiles. But that is a crude, reductionist account of what the French liberals had in mind. Like Rousseau, they were struck by the moralizing role of politics. They did not take human wants or preferences as given, on the English utilitarian model. Rather, they pointed to the connection between wants and intentions and the structure of institutions. A despotic state administration, which subjected citizens to la tutelle on the French model, either undermines free mœurs (in a nation that has been free) or prevents them from developing. In such a society risk-taking and reliance on voluntary associations decline in favour of place-seeking. The immunities and security which state employment offers become the object of ambitions. The attitudes of the civil service become a kind of norm, and increasingly set the tone, even in the sphere of private or commercial activity.
The new sociological mode of argument developed by the French liberals – their attempt to relate changes in social structure to changes in political institutions and ideas – amounted to a stunningly original breakthrough. The chief result was that these cautious liberals, almost despite themselves, became the first consistent champions of participation in modern political thought. At times that honour has been claimed for Rousseau. But his argument for participation in Du contrat social rests on assumptions and definitions which radically undermined its effectiveness. By assuming that ‘real’ self-government was possible only in a small community, Rousseau failed to develop an argument that could be applied to the reform of the nation-state. And by eroding the distinction between liberty and morality, Rousseau blinded some later liberals to the advantage of political participation. French liberals of the early nineteenth century avoided both these traps. They argued not so much for limited government as for the maximum possible sharing out of political power – so that devolution would in effect impose limits on the concentration of power and increase popular resistance to the infringement of civil liberties. Their interest in social structure led them to apply the concept of liberty to mœurs – in free mœurs – but without threatening the distinction between voluntary and coerced action as Rousseau had done. Tocqueville’s didactic uses of the spirit of the New England township illustrates that.
None of these ideas had anything to do with the utiltarianism of Mill’s youth. The utilitarian model for social policy was – as Tocqueville liked to point out – a highly centralizing model. It laid emphasis exclusively on aggregation, on achieving the most ‘rational’ or desirable balance of satisfactions. Efficiency and rationality were its criteria for judging policy proposals. Utilitarianism, like classical economics, took wants as given. It was not interested in the ways in which different types of social organization shape individual wants. Thus, it placed no obvious value on participation as such. Mill imported the themes of self-development and free mœurs from the more sociological tradition of French liberalism. He adapted them to the less historical mode of political argument he had been brought up in. Thus, Mill proceeds by putting forward general principles and deducing their consequences. But when he suddenly introduces threats to liberty such as uniformity or the tyranny of public opinion, the reader is rather puzzled. These threats seem to refer to particular social conditions, perhaps even a theory of social change. But what theory? What Mill has done is introduce some of the conclusions of the French liberals, without introducing their premises – the theory of social change on which they founded their political arguments.
The contrast between Tocqueville and J. S. Mill is exceedingly instructive. Despite their friendship and influence on each other, Mill and Tocqueville represent two poles of liberal thought – two traditions which had diverged significantly by the mid nineteenth century.
It is no accident that French liberals introduced the problem of mass society – of atomization and centralization – into the mainstream of modern political thought. By 1815 they were without illusions about the survival of an aristocratic society. Perhaps because the changes in French society were more sudden and violent, French liberal thought has since the early nineteenth century accepted that questions of political theory cannot be divorced from questions about social structure. The result has been a more historical, less a priori mode of argument from Tocqueville to Raymond Aron, with less attention paid to fine logical points and definitions, it is true, but with more concern to show how concepts are joined together in points of view or ideologies, and how these in turn spring out of particular social conditions and help to transform them. ‘Change’ is thus central to political theory for French liberals as for Marxists, and both offer a sharp contrast to the static model of argument which goes far back in the history of English liberalism.
1 I recognize that important sociological insights emerged in eighteenth-century Anglo-Scottish historical writing, but they did not create a new programme for political theory.
2 ‘The Liberty of the Ancients Compared with that of the Moderns’, in Benjamin Constant, Political Writings, ed. Biancamaria Fontana (Cambridge: Cambridge University Press, 1993), pp. 309–28.
3 F. Guizot, Essais sur l’histoire de France (Paris: Ladrange, 1836), pp. 83–4.
4 Ibid., p. 86.
5 R. Meek, Social Science and the Ignoble Savage (Cambridge: Cambridge University Press, 1976).
6 R. Nisbet, The Sociological Tradition (London: Basic Books, 1967).
7 A. Tocqueville, Memoir, Letters, and Remains of Alexis de Tocqueville, trans. from the French by the translator of Napoleon’s correspondence with King Joseph (London: Macmillan and Co., 1861), vol. i, p. 243.
8 Ibid.
9 P. Royer-Collard, ‘De la liberté de la presse’, Discours 2 (January 1822).
10 A. Tocqueville, Journeys to England and Ireland, trans. G. Lawrence and J. P. Mayer (New Haven, CT: Yale University Press, 1958), pp. 23–4.