Chapter 3 The unity, diversity and paradoxes of French liberalism

Lucien Jaume
Although French liberalism underwent a period of rapid development in the nineteenth century, it is important to underline that as a school of thought it was marked by a distinct lack of doctrinal unity. Its various proponents held differing conceptions of the state, the individual and civil society. One cannot hope to understand the divisions to which these differences led or, more generally, to establish an accurate overview of liberalism in France without analysing the conditions that shaped the early years of its three principal variants.1 These consisted of, first, an elitist form of liberalism, headed by François Guizot, Pierre Paul Royer-Collard and the ‘Doctrinaires’, which favoured the power of the state; second, a constitutionalist and individualist liberalism, whose most prominent proponents included Anne Louise Germaine de Staël-Holstein (commonly known as Mme de Staël), Benjamin Constant and the Coppet group; and, finally, a liberal Catholicism, guided by the likes of Jean-Baptiste Henri-Dominique Lacordaire, Hugues Felicité Robert de Lamennais and Charles Forbes René de Montalembert, that was both founded on tradition (that of the church) and open to the modern era introduced by the French Revolution.
The absolutist monarchy and the absence of a parliamentary system, the Revolution and the Terror, and in particular the types of authority and institutions introduced by Napoleon, all had a considerable impact on the liberal movement’s formative years. With the return of the Bourbons and the beginning of the constitutional monarchy in 1814, liberals were confronted with one defining question: given the conditions of the Empire which have shaped France, what can be done? From the first moments of the Restoration, the liberals were united, above all else, by a will to preserve the principles of 1789. There was no counter-revolutionary liberalism in France. And it would even be misleading to claim that the liberal ultracism displayed by figures such as Montlosier, Fiévée, and on occasion Chateaubriand, sought a return of privilege, absolutist power and the rule of the Catholic Church. These writers advocated a governing elite and an end to the fragmentation of landed property caused by the Civil Code. But they rejected the ultra-reactionaries’ violence (‘White Terror’) and dictatorial tendencies.
The liberal world was also united politically by the shared desire of its members to solve a conundrum imposed on them by history. How, they wondered, might one reconcile the emancipation of society and the individual with the prestige and legitimacy of the state? Ever since the kings had progressively constructed the nation through a series of measures directed against feudalism, the state was almost unanimously perceived as the guardian of the general interest, and therefore as the entity that could best appreciate, define, apply and control it.2 This thesis is the key to understanding the distinctive path followed by liberalism in France, and its often poorly recognized links, which still exist today, with the republican ethos. The state, therefore, represented the nation and stood up to local and private interests, which were long held to be the prerogative of privilege and feudalism. The expression ‘private interests’ was in itself derogatory in the French political vocabulary of the time.
From this vision of the state, one can deduce a number of traits of French political culture: the praise of unity (from the monarchy to the Republic, ‘one and indivisible’), the spirit of centralization, the rejection of ‘federalism’ (a spectre that regularly threatened French unity, and specifically the country’s national and moral identity), and a reluctance to embrace intermediary bodies (political parties, in particular) and, therefore, pluralism.3 It is primarily for these reasons that the current of liberalism led by Guizot (the Doctrinaires first, the Orléanistes, later), upon taking the reins of power, chose to consolidate rather than limit or overhaul the state. In contrast, the Coppet group, which was opposed to Napoleon’s legacy (and, as early as 1800, to Napoleon himself), wanted a constitutional order that would curtail the state’s powers over society, and favoured both decentralization and the rights of the individual. The ideas developed by Tocqueville, who, between 1835 and 1840, compared France under Louis-Philippe and Guizot to American democracy, bear witness to the ideological conflict between these two forms of liberalism, and betray a preference for the vision defended by the Coppet group.4
An analysis of French liberalism, which offers a faithful account of the different positions and visions that defined the period, cannot, therefore, take as a starting point the theoretical or philosophical body of work that runs from Montesquieu to Hegel, Locke to Kant, and Smith to Hayek. It is far more appropriate to examine the institutional issues on which the liberal figures (as they defined themselves) were forced to take positions in order to acquire legitimacy and credibility in the eyes of the French public, and on which specific and opposing variants of liberalism were mobilized.5 If French liberals often defined their theoretical positions by citing Montesquieu, it was in reference to the questions and issues that the situation in France forced upon them.6 To proceed in another manner would run the risk of underestimating the divergences between the groups led by Guizot and Constant, or of overlooking liberal Catholicism, as though it were ideologically and politically non-existent.
In France, the monarchy was allied to and supported the rise of the bourgeoisie against the nobility, through, amongst other things, the sale of administrative jobs (the vénalité des offices). The situation was different in England, where the aristocracy joined forces with the people in resisting royal power, thus creating a common panoply of ‘liberties’ in opposition to the crown.7 According to a tradition that spans the medieval legists through to Durkheim’s sociology, the state in France – but not in England – was regarded as ‘emancipatory’.8
I shall therefore begin by retracing the conditions that led to the formation of the three principal variants of liberalism in France, before focusing on the essential theoretical elements on which they were founded. I will then illustrate this typology using the example of the freedom of the press, and specifically the press laws that were passed by the Doctrinaires in 1819 (concerning the cautionnement des journaux), and to which Benjamin Constant expressly objected.

The formative conditions of the three liberal variants

Should French liberalism be understood above all in its relationship to the Revolution and a fear of a return to the Terror – a Revolution, which, according to its principal actors, ‘did not end’ during the nineteenth century? Absolutely. After all, the fathers of Victor de Broglie and Guizot were guillotined, Tocqueville’s parents were imprisoned (their lives spared thanks only to Robespierre’s downfall), while his great-grandfather and the entire Malesherbes family were executed. Mme de Staël, for her part, narrowly escaped the street violence of September 1792 and was forced into exile.9 She subsequently helped many of her liberal noble friends to emigrate, only to help them return to France after the Terror.
It is also important to note, as Tocqueville did in L’Ancien Régime et la Révolution, that the Revolution and Bonaparte appropriated certain traits of the ancien régime (centralization, administrative justice, etc.), which, rather than weakening the state, strengthened it. Of course, the Revolution created a representation of the collective actor, the nation. This was something that ancien régime absolutism had been unable and unwilling to do since, unlike in England where the Parliament emerged as early as the thirteenth century, only the king could represent ‘his people’. But the conception of this representation, which was significantly shaped by Sieyès, entrusted the task of defining the ‘general will’ to a minority, namely, the elected representatives, whom Sieyès hoped would become the professionals of politics.10 The general will was reputedly not present in the electoral assemblies (including those based on census suffrage), but in the elected Assembly that embodied the nation. Sieyès thus distinguished ‘democracy’ from ‘representative government’, which was conceived such that the nation could exist as a political unit and express the general will only through its representatives.11 Intermediary bodies and the direct consultation of the people were unacceptable in political affairs. The unity of will took shape in the Assembly alone.
During the successive debates in the Constituent Assembly on two important legislative proposals, Le Chapelier explained that to create deliberative bodies (professional trade unions or political clubs) would be to reconstitute the corporations abolished by the Revolution.12 He accused the Jacobins of recreating a both archaic and dangerously innovative form of the corporation in order to prolong the unrest, even though, he insisted, ‘the Revolution is over’ and ‘public opinion is known’.13 Finally, it is worth noting that freedom of association did not figure among the rights enunciated in the Declaration of 1789, nor those listed at the beginning of the Constitution of 1791.
The Revolution, therefore, did nothing to diminish the prestige of the state (nor did the various groups that governed it between 1789 and 1799). On the contrary, the Revolution reinforced it through the dual legitimization provided by elections and, as Marcel Gauchet has demonstrated, the rights of man.14 The state’s prestige consisted principally in the idea that it held a monopoly on the general interest, its definition and elaboration. In this, the administration was seen simply as the arm of the state and its executive branch. A distinguished jurist of the Restoration, Henrion de Pansey, justified the French administration’s privilege of jurisdiction with a now famous phrase: ‘To judge the administration is still to administer’ (‘Juger l’administration, c’est encore administrer’), whence Bonaparte’s decision to create a specific administrative court, the Conseil d’État, which the Orléanistes defended while in power during the July Monarchy, including against the criticism directed at it by the group led first by Constant and later by Tocqueville. It was similar reasoning that justified the extraordinary protection granted to state officials, who, ever since the Constitution of the Year VIII (that of Bonaparte), could not be tried before an ordinary judge, unless specifically authorized by the Conseil d’État.15 In disputes between a citizen and the administration, the ruling was not issued before an ordinary judge but before the conseil de préfecture, in the first instance, or by the Conseil d’État in Paris, which was ‘the judge of the administration’ (at the time, often composed of officials and administrators). Certain liberal figures, including Tocqueville, therefore accused the state of breaching the rule against bias.
Not only was the administrative state the bearer of the general interest, which it alone could comprehend, but it also protected individuals in civil society against the threat of monopolies, private interests and the interests of a whole range of bodies. This conception, according to which nothing and no one was better placed than the state to protect the individual against invasive social and religious interests, was appropriated by prominent republicans such as Alfred Fouillée, one of the key figures of the République enseignante, early in the twentieth century. Fouillée wrote:
If the individual is left unarmed in the face of all manner of associations, trade unions, cooperatives … anonymous companies, financial associations, trusts and cartels, and so on, how will he defend his rights or even his legitimate interests …? The poor soul will be powerless against these coalitions. He must therefore receive the support of a central authority with a universal perspective of things … In short, if individuals are to become increasingly free, then the state, in areas where it is competent, must become increasingly strong.16
According to French constitutional doctrine, which still holds today, a Member of Parliament ‘represents the entire nation’ and not his or her electoral constituency (the département, for example), nor the interests that support his or her candidature. Every elected Member of Parliament is a bearer of the general will, in union with his equals in the National Assembly.

Distinguishing between the three liberal variants

The criteria that separated the Coppet group from Guizot’s variant of liberalism (that of the Doctrinaires, then the Orléanistes) was individualism, understood as the right to judge and control laws and power. Whereas the Coppet group analysed power and its necessary limits from the point of view of society and the individual, the Doctrinaires favoured the state, society’s notables and the administrative support that served these notables at the local level. As Rudolf Von Thadden has shown, these issues came to the fore when decentralization was discussed early during the Restoration period.18 Napoleon protected against the aftershocks of the Revolution by laying ‘masses of granite’, as he expressed it: that is, the institutions not of the modern ‘constitutional’ state, but of the administrative state. The executive authority prevailed in all areas (economy, universities, newspapers, freedom of assembly, the Council of State, prefects, etc.). Louis XVIII and his advisers were confronted with a crucial question: should the edifice built by Napoleon be maintained or something else erected in its place? Guizot, who was still very young but already occupied key positions within the administration, believed that there was a high risk of civil war (a ‘White Terror’ launched, in the provinces, by the ultras and other factions). Moreover, allied forces still occupied France, and a burdensome war tax remained.19 Thus the Doctrinaires, and, during the July Monarchy, the Orléanistes, decided to preserve the ‘masses of granite’, while liberalizing the institutions. As Guizot later explained in a parliamentary speech of 1846: ‘freedom can enter these great machines created by the Empire for the defence and restoration of power. You have seen it; you have experienced it.’20 Thus, the state should limit itself rather than have local or centralized measures hold it back. Pierre Rosanvallon has shown that Guizot’s considerations were far more sociological than legal, since his objective was to strengthen the ties between the middle classes and the administration. ‘It is important’, Guizot told the Members of Parliament, ‘that your local administration, your officials, and your laws help to rally and organize these conservative classes.’ In the same speech before the elected Chamber, he called for ‘the intimate union of the majority and the administration, and of the administration and the majority’, which – although Guizot denied it – led to the trading of favours.21 With unparalleled clarity, Guizot also expressed the guiding principle, which in fact maintained the Napoleonic spirit but sought to place the administration at the service of the ‘new aristocracy’ of the middle classes: ‘The local administration must be one, homogeneous, animated by the same spirit, and led in the same direction, whereas the influences must control the government here, and the administration at the local level.’22 Liberty as interpreted by the Doctrinaire group is, I would argue, a liberalism by the state and not against the state. Such a conception follows in the French statist tradition from the absolutist era and has thrived until very recently.
In contrast, the Coppet group’s ‘individualist’ variant of liberalism promoted individual autonomy supported by constitutional freedoms. Indeed, Mme de Staël in 1795 and Constant in 1814–15 made significant contributions to constitutional thought.23 Constant also formulated a thesis of legitimate resistance to unjust laws, something derided by Guizot and Royer-Collard as the very type of ‘intellectual anarchy’ characteristic of the 1820s.24 In these same texts, Guizot called for a ‘government that leads society’ (‘gouvernement chef de la société’). Both phrases can be found in the work of August Comte.25 It is worth noting that Constant accepted census suffrage. However, unlike Guizot, he did not believe it to be an unalterable and everlasting political principle. In his famous response to Garnier-Pagès concerning universal suffrage, Guizot expressed his irreversible position: ‘The day of universal suffrage will never come. There will never be a day when all human creatures, whatever they may be, will be called upon to exercise political rights.’26
Liberal Catholicism, the third variant of liberalism, appeared in 1828 in response to the debate on the freedom of religious education. Although it remained a fringe movement, liberal Catholicism gave voice to many tensions of the time, and therefore encountered a degree of resonance in public opinion. Liberal Catholics demanded the liberties promised in 1789 but which the governments of the July Monarchy restricted or abolished: freedom of the press, freedom of association (a crucial point for the church and the religious orders), a far-reaching decentralization, and freedom of education (the right to recruit teachers, the right – shared with the state – to award the baccalaureate, etc.). But liberal Catholicism also held views that necessarily conflicted with modern conceptions, because of the so-called ‘rights of Truth’ doctrine, which held that only the Catholic truth was entitled to rights, since error can have no rights. This was the reasoning that pushed the church to favour censure. In theory, Lacordaire explained, it was correct that the church should control publications (books and newspapers). But this was no longer possible in modern democratic societies, and it was thus necessary to agree to the freedom of expression. ‘Freedom does not kill God’, he concluded in a noteworthy article in the newspaper L’Avenir, the principal mouthpiece of the liberal Catholic movement in 1830.27
Despite sitting uncomfortably between the old and the new (as displayed, for example, by its love of freedom and its fear of sceptical individualism), liberal Catholicism acted as a spur to other political parties. Its intermediary position meant that it hindered attempts by liberal Orléanistes such as Victor Cousin to replace the authority of the church in universities with a new ‘spiritual power’. At the Notre Dame Lectures that took place during the July Monarchy, Lacordaire, who restored the Dominican order, managed to assemble all of the country’s elite, believers and non-believers, who came in their thousands to listen to him.28 Of course, the liberal Catholics viewed the struggle for freedom as having a distinctly moral and spiritual as well as political dimension. This is what inspired Lacordaire to commit himself to the Republic; in 1848 he was elected a Member of Parliament wearing the Dominican habit. This view also led Montalembert to defend parliamentary freedoms against Napoleon III.
In 1838, Lacordaire summed up the meaning of their shared commitment to people’s rights in a letter to his friend:
What is it that we value in this modern era that began with the American Revolution of 1776? We value the passing of three elements that were destructive to the Catholic Church, our eternal home, namely: absolutism, Gallicanism, and rationalism. We love the present era because it saps the absolutist power of the princes and raises the spirit that, over the past three centuries, has been violently crushed. Without playing an active part in any particular revolutionary episode, we witness each of them as great acts of God, a tragedy in which the freedom of the Church is at stake, and, through it, the liberation of humanity.29
It is noteworthy that Lacordaire’s position, which saw the hand of God at work in revolutionary history, and criticized traditional sovereignty, absolute monarchy and the intolerance of the church, was exactly the reverse of the views held by someone like Joseph de Maistre.
By a mixture of audacity and tradition, liberal Catholicism combined democratic references with ultramontain calls for the Pope to lead the people’s liberation. It was first Lamennais, a convert from far-right royalism to liberalism, who ventured this eclectic conception, which was both authoritarian and democratic in spirit. In the Avenir newspaper, which he helped found in 1830, Lamennais advocated the advent of the Republic and the clear separation of state and church, a proposal that flew in the face of traditional opinion (the right-wing ultramontain Catholics, republicans, Orléanistes, conservative liberals, individualists and Voltairians, etc.). Although Montalembert was initially far less convinced than Lacordaire by the merits of democracy, he accepted the modern freedoms before a congress of 3,000 people in Mechelen in 1863, and declared democracy, as analysed by Tocqueville, the inevitable fact of modern times: ‘The more democratic one is, the more Christian one has to be.’30
However, there were two occasions when liberal Catholicism suffered significant public defeats at the hands of the Holy See. First, in 1832, despite the pilgrimage to Rome that Montalembert, Lacordaire and the Abbé Lamennais had earlier undertaken to explain the views they were propagating, the Vatican condemned the theses expounded in L’Avenir, and subsequently those of Lamennais (the movement’s principal representative).31 The second occasion was when accusations were directed against Montalembert, whose close ties to the Vatican did not spare him severe criticism in the Syllabus (1866), a litany of all the errors of modernity according to the Holy See. Open hostilities broke out between Montalembert and Rome’s theologians as the proclamation, during the Vatican Council, of the Pope’s dogmatic infallibility neared (1870). Shortly before his death, Montalembert announced publicly that Rome had created a veritable ‘idol’. In response, the Holy See launched a stinging and damaging attack against liberal Catholicism, which lasted until the Second Vatican Council (opened in 1962) retracted its ‘rights of Truth’ doctrine and accepted some of the movement’s demands.
If we compare the three variants that we have looked at here – individualist, elitist and Catholic – it becomes apparent that the pivotal question is the role given to the individual as a subject of judgement in politics and on institutional matters. In essence, what is at stake is ‘the right to judge one’s right’ that expresses a faith in the freedom of the citizen- individual, or, when this right is refused, the attempt to ‘erase’ it, as indicated in the title of the book L’individu effacé (The Erased Individual).32 It is, in truth, out of respect for authority that the groups led by Guizot and Montalembert expressed only limited faith in individual liberty. But whereas Guizot’s concerns had their roots in society (and more specifically, his distrust of the masses), Montalembert was concerned with spiritual authority (as endorsed by the church), and mistrustful of Protestantism, as a possible support for liberalism. Nonetheless, Guizot’s Protestantism does not help to clarify matters, because, on several occasions, Guizot openly expressed his admiration for the Catholic Church as a ‘school of authority’. Furthermore, his was a pessimistic vision of man – one which, he conceded, was of direct inspiration to his politics: modern pride, he claimed, led to a teratological occurrence, namely, a democracy of equal individuals.33
Most probably due to its Swiss and Protestant heritage, the Coppet group, for its part, promoted the individual’s spirit of initiative and critique. On this specific point, one can draw comparisons between Constant’s considerations in On Religion or in his manuscript The Principles of Politics (of 1806) and those of a minister such as Alexandre Vinet, who, through the newspaper Le Semeur, gained considerable influence in Switzerland and in France. Constant argued, for example, that the freedom of intellectuals and men of thought had no need to seek or accept the protection offered by state power. Furthermore, he contended that ‘if one had to choose between persecution and protection, persecution would be more valuable to intellectual life’.34 Analogous views can be found in his compatriot Vinet’s Essai sur la manifestation des convictions religieuses.35 Religion, Vinet argued, was an individual affair, between the soul and God, rather than a collective concern. If society and the state were declared religious, then conscience would no longer be free. Therefore, ‘is it surprising that I prefer persecution to protection?’36 This intransigence vis-à-vis what both authors named ‘individuality’, which they differentiated from ‘individualism’, picked up on the attitude of Pierre Bayle and a form of Protestant intransigence with regard to the freedom of judgement.37 It gave rise to a series of different social and institutional options, leading, in the French case, to choices that characterized, in particular, the variant founded by Mme de Staël, and which posited both the subject of judgement and the personal appraisal of political and moral legitimacy.

The freedom of the press: an example of the conflicting positions

The question of the freedom of the press (including both books and newspapers) was one of the hardest-fought battles of the nineteenth century, and an issue on which the liberals, in particular, took both firm stands and conflicting positions. Between 1814 and 1880 (when the last and current French law on newspapers was adopted), no fewer than thirty-six ‘freedom of the press’ laws (primarily concerning newspapers) were voted on. Including the four decrees promulgated under Napoleon III, a total of forty legislative and regulatory measures were approved on the issue during this period. Matters could hardly have been more different in the United States, where, as demonstrated by Tocqueville in Democracy in America, the few newspapers that did exist were cheap, rather badly written, and not very well regarded by the reading public. In France, however, journalists were in direct contact with (and therefore had influence over) political power, and their work, considered a form of literary art, was met with a level of esteem – even consecration – that has persisted until today. Journalism in France was widely expected to act as the rival of government, and at times even as a form of opposition to it. The liberals claimed they were taking journalism down a peg. But in reality, and like all other political parties, they contributed to its rising importance. The role journalism played in the events of 1789, 1830 and 1848 was fundamental: it gave life to public opinion as a force of dissent.
The first liberal press laws, which put an end to the censorship system (whereby prior authorization was required to publish an article), were devised by the Doctrinaire group. The three legislative proposals, presented in March and adopted in May and June 1819, were an occasion for Royer-Collard, Victor de Broglie, Hercule de Serre and Guizot to expound their remarkable views on the matter in a series of particularly insightful and revealing speeches.38 Guizot was still too young to be a Member of Parliament, but, as commissioner to the king, he spoke to the Assembly in support of the government’s proposal on the principle of guarantee (‘cautionnement’) applied to the daily press. According to this principle, the founder of a newspaper had to provide ‘guarantees to society’, i.e. a capital deposit, a procedure, which, by selecting the protagonists entitled to take part in public debate, was based on similar principles to those that underpinned census suffrage. The historical and sociological analysis on which he embarked was telling.39 The Revolution, Guizot explained, introduced ‘the principle of equality’ across society, which generated an irreversible atomization: ‘today, in France, nothing remains besides the government, citizens and individuals. Public authority is the only real and strong power. There is barely anything left of those intermediary or local powers, which, elsewhere, are created under the patronage of the aristocracy, by the ties between corporations, or by private privilege.’40
It is, of course, to England that Guizot was referring here. In his lessons, he pushed the comparison further still: in France, he argued, the nobility had become a discredited class of limited significance, whereas in Great Britain, of all the intermediary bodies, it was the aristocracy that constituted a source of service, patronage, emulation and social promotion. The functions carried out by these intermediary bodies in Britain ought to be taken over, in France, by a communication channel between society and the state, which was guaranteed under the watchful eye of power; this, therefore, was the role of the administration (described above), on the one hand, and of the press, on the other.
Guizot believed that the aristocratic liberalism for which certain figures clamoured (Fiévée at the time, Tocqueville, later) was not a viable alternative. And yet democratic liberalism, as defended by Constant, was far more dangerous. For within the middle class – i.e. the bourgeoisie – called upon to support the regime, individuals had to be protected and restrained. They needed protection from the radical views (Bonapartism, republicanism, socialist utopias, etc.) to which they might easily succumb, according to the progressive vision of history inherited from the Enlightenment.41 They also needed to be restrained from directing their criticism at the local administration, which would have weakened the powers recently provided for by the Charter of Louis XVIII: ‘On the contrary, here in France [unlike in England] the government and the entire administration are intimately linked, or, rather, are one and the same thing … The government is no longer fallible only at its heart, but is now present everywhere and vulnerable everywhere via a multitude of agents.’42
Guizot was evidently expressing his fears based on his analysis of France in 1819. The press, he believed, was a formidable weapon (with which Napoleon had so successfully governed), and it was crucial to prevent right- and left-wing opponents from seizing it.43 He was quite certain that hostile individuals would attempt to use the multiplicity of newspapers, which were published throughout the country, to ‘engage the administration in a small continual war, over the course of which an offensive approach bears so many advantages’.44
This point was disputed by Constant on the very same day.45 The press, he claimed, was not a ‘means of government’, as Guizot would put it two years later in a manifesto brochure.46 It was, above all, a means of control that society seizes in order to oversee authority. Preparing the ground that Tocqueville would later tread, he went on to argue that newspapers were not durable creations belonging to the intellectual elite, but the ephemeral product of the present. They served to:
denounce abuses, host complaints, and draw attention to arbitrary acts and excesses of power. Newspapers are not collections of philosophy: they are, and must be, a means of recourse with which oppressed individuals can make their cases heard; they may be denied access to ordinary means of appeal, but the effects of publicity can ensure that these cases are brought to the ears of the government.47
The disagreement between the two was complete, as indeed it would later be between Guizot and Tocqueville under the July Monarchy. To simplify, we could say that Constant defended the individuals’ freedom of action (and even that of the ‘oppressed’) in opposition to power, while Guizot’s main concern was to make power vigilant and purposeful, including in support of, or as a mentor to, its clumsy allies in the middle class.
The respective visions of France’s most accomplished liberal figures were not merely conditioned by the circumstances of the Restoration, they also expressed a philosophy of power and a specific interpretation of history. For Guizot, history had drawn to a close with the rise of the middle class; and thanks to the constitutional system of the Charter, he claimed – in a similar vein to Le Chapelier in 1791 – that the Revolution was ‘over’. Constant, however, believed that there was still much work to be done on the path to perfectibility and equality, a theme that Tocqueville would eventually champion.48
The political ‘parties’, representing the principal options available at the time, were also a constituent part of this debate. Both Royer-Collard and the Doctrinaires insisted that there should be not more than three or four families of newspapers, isomorphic to the existing ‘parties’.49 Constant hoped that an extensive range of newspapers would be established across the country – throughout the provinces, not just in Paris. This debate would regularly resurface during the years that followed, with the principle of guarantee abolished only in 1881, once the issue of universal suffrage had been resolved.
We can conclude that liberalism in France displayed many facets. In truth, one can distinguish several liberalisms, which competed against one another after the fall of the Empire. Rather than advocate a fundamental overhaul or a rupture with the past (an approach that would have embraced Constant’s theses), the governing liberal variant (principally Orléanism) adopted a strategy of appeasement (although not towards the church) and sought to practise what Guizot termed a ‘conservative politics’.50 But this policy was a marked failure, particularly given its inability to deal with the working classes, which saw the regime harden its stance in the face of repeated uprisings and subversive plots. Despite the failure of Guizot and the July Monarchy, liberalism would subsequently have a considerable influence on republican thought during the Third Republic. The ‘government of minds’, which Victor Cousin and Guizot both claimed was the defining issue in modern societies, consisted in ensuring hierarchical promotion, thereby reconciling elitism and egalitarianism.51 Herein resides the crux of the current controversy surrounding the training and formation of France’s ruling elite.
The problem of the groups capable of governing, imprudently referred to by many as ‘the new aristocracy’, captivated Guizot and the Orléanistes; the tremendous rifts caused by the Revolution had left Napoleon with the same problem. In fact, we know today that it was the administrative personnel, far more than the bourgeoisie, that was called upon to lead a state that many believed could emancipate society by guiding, enlightening and managing it. Thereafter, the republican project, in seeking solutions to the political involvement and adequate representation of the rural population, picked up on ideas Guizot had tentatively started to formulate. For example, in 1833, a law introducing primary schools in every commune was passed.52 Civic education, love of the fatherland, and the importance of respect and morality filled the teaching manuals of the Third Republic. Later, in 1902, Durkheim appealed for nothing less in the pedagogy lectures he gave at the Sorbonne: liberty, he claimed, has its roots in rules devised collectively, while individualism is acceptable only if disciplined. This was the meaning of the ‘government of minds’ (by then a famous expression), at least until the beginning of the First World War, when gloomier reflections started to take hold. The philosopher and master pedagogue Alfred Fouillée expressed a debt of gratitude to Guizot for his critique of universal suffrage and the idea of a necessarily hierarchical society structured according to merit and status.53
Translated from French by Michael Breslin
1 I will use the typology established in L. Jaume, L’individu effacé ou le paradoxe du libéralisme français (Paris: Fayard, 1997).
2 A good source for understanding this vision of the state are the lessons taught by Guizot between 1828 and 1830, later published under the title Histoire de la civilisation en France, 5 vols. (Paris: Didier, 1830) (not to be confused with the other lessons, Histoire de la civilisation en Europe), and which would certainly merit being re-edited. Guizot described the rising influence of the spirit of ‘generality’, in opposition to feudal particularism. This spirit was carried by both royalty and the bourgeoisie, which had by then entered the service of the state (as legists).
3 In a remnant of the wars of religion, the Girondins, accused of ‘federalism’, were pursued and eliminated. Although historians have today disproved the charges levelled against them, it has become commonplace in the press and in French political circles to talk of a decentralizing ‘Girondin spirit’. In fact, over the course of a campaign in which each faction tried to eliminate the other, the Gironde fought against the attribution of influential posts to the Montagnards in Paris. On this tenacious myth, see my study ‘Les Girondins: un conflit véritable, une interprétation fausse’, in C. Boutin and F. Rouvillois (eds.), Décentraliser en France (Paris: De Guibert, 2003), pp. 33–48.
4 Tocqueville’s comparison of the two was ever present in his work, although frequently no more than implicit. For a more in-depth analysis, see my book Tocqueville: les sources aristocratiques de la liberté (Paris: Fayard, 2008). English translation forthcoming (Princeton, NJ: Princeton University Press, 2012).
5 My approach is similar to that discernable in the observations and analyses of Siep Stuurman: ‘Le libéralisme comme invention historique’, in S. Stuurman (ed.), Les libéralismes, la théorie politique et l’histoire (Amsterdam: Amsterdam University Press, 1994). The entire book provides an interesting insight into French liberalism.
6 I have tried to demonstrate a reversal of this approach (based on the issues at stake rather than a pre-existing ‘liberal philosophy’) by analysing purely philosophical liberalism this time, but outside the French national framework: Les origines philosophiques du libéralisme (Paris: Flammarion, 2010).
7 Guizot showed how important this situation was for the birth of parliamentary representation. See his treatise on the origins of representative government in F. Guizot, The History of the Origins of Representative Government in Europe, trans, Andrew R. Scoble, intro. and notes by Aurelian Craiutu (Indianapolis, IN: Liberty Fund, 2002). Craiutu has also shed light on the circumstances of the Restoration for Guizot in his Liberalism under Siege: The Political Thought of the French Doctrinaires (Lanham, MD: Lexington Books, 2003).
8 The difference between the two is clearly identified by De Lolme, Constitution de l’Angleterre (Amsterdam: E. van Harrevelt, 1771), ch. 1, (English translation, The Constitution of England; Or, an Account of the English Government, ed. and intro. David Lieberman (Indianapolis, IN: Liberty Fund, 2007)), as well as Guizot. See my study on ‘Le libéralisme français après la Révolution, comparé au libéralisme anglais’, Historia constitucional, 4, University of Oviedo, June 2003, available at http://hc.rediris.es (a printed version also exists).
9 See Mme de Staël’s emotional account of events in Considérations sur la Révolution française (Paris: Tallandier, 1983), pp. 280–6.
10 ‘The law is the expression of the general will’, according to the French Declaration of the Rights of Man and of the Citizen (Article 6). This remains the principle of French law, with a corrective provided by the Constitutional Council (Conseil constitutionnel): ‘in as much as the law is in conformity with the Constitution’.
11 Crucial speech by Sieyès on 7 September 1789.
12 Law of 14–17 June 1791 on workers’ or employers’ trade unions, and the law of 29 September 1791 on clubs and popular societies.
13 Session of 29 September 1791, in Archives parlementaires, 1st series, vol. XXI, pp. 617–19. See also my analysis in Le discours jacobin et la démocratie (Paris: Fayard, 1989), pp. 59–65.
14 M. Gauchet, La révolution des droits de l’homme (Paris: Gallimard, 1989).
15 This guarantee accorded to French officials (‘garantie des fonctionnaires’), which has survived successive regimes unscathed, stems from the ancien régime, as Tocqueville has shown, and is expressed in Article 75 of the Constitution of the Year VIII.
16 A. Fouillée, Le socialisme et la sociologie réformiste, 3rd edn (Paris: Félix Alcan, 1926), pp. 360–1.
17 ‘Doubtless the general interest is only a negotiation between particular interests … Public interest is only individual interests prevented from harming each other’, in B. Constant, Principles of Politics Applicable to All Governments (Indianapolis, IN: Liberty Fund, 2003), pp. 249 and 327, translation altered. See my analysis: ‘Le problème de l’intérêt général dans la pensée de Benjamin Constant’, in F. Tilkin (ed.), Le Groupe de Coppet et le monde moderne (Geneva: Droz, 1998), pp. 161–76.
18 R. Von Thadden, La centralisation contestée. L’administration napoléonienne, enjeu politique de la Restauration (Arles: Actes Sud, 1989). See also the recent study of the Napoleonic administration by a jurist, G. Bigot, L’administration française, vol. I: 1789–1870 (Paris: Litec, 2010), in particular pp. 146–83.
19 It is possible to consult the comments made by Guizot to Ancillon in Ancillon’s De la souveraineté et des formes de gouvernement. Essai destiné à la rectification de quelques principes politiques, accompagné des notes du traducteur (Paris: Le Normant, 1816). These notes on Ancillon were published anonymously, at a time when Guizot was Secretary-General of the Ministry for Justice; later, in 1819, he was made Director-General of the communal and departmental administration. In the notes on Ancillon, he argues in favour of a strong state, a powerful executive, and against the sovereignty of the people, which, via the necessary decentralization, would have encouraged ‘a multitude of small local despotisms’. See my analysis in Tocqueville: les sources aristocratiques de la liberté, pp. 343–7. See also the book by Pierre Rosanvallon, Le moment Guizot (Paris: Gallimard, 1985).
20 F. Guizot, Histoire parlementaire de France. Recueil complet des discours prononcés dans les Chambres de 1819 à 1848 (Paris: Michel Lévy, 1864), vol. V, p. 72.
21 Both quotes are from a speech given on 3 May 1837, during the parliamentary controversy over secret funds and after the rupture between Guizot and Molé, ibid., vol. III, p. 85.
22 Ibid.
23 See Mme de Staël, ‘Réflexions sur la paix adressées à M. Pitt et aux Français’, and ‘Réflexions sur la paix intérieure’, in Mme de Staël, Œuvres complètes, vol. III, pt 1, Des circonstances actuelles et autres essais politiques sous la Révolution ed. L. Jaume, L. Omacini (Paris: Honoré Champion, 2009), pp. 67–119, 121–182. On Constant, see his Réflexions sur les constitutions et les garanties, in his Œuvres complètes (Tübingen: Max Niemeyer, 2005), vol. VIII, pt 2, and Principles of Politics Applicable to All Governments.
24 B. Constant, ‘De l’obéissance à la loi’, in Œuvres complètes, ed. L. Jaume and K. Kloocke (Berlin and New York: Walter de Gruyter, 2010), vol. X, pt 1.
25 The similarities between certain points of view and the vocabulary in Des moyens de gouvernement et d’opposition (Paris: Librairie Française de Ladvocat, 1821) by Guizot and in A. Comte, ‘Considérations sur le pouvoir spirituel’, Le producteur: journal philosophique de l’industrie, des sciences, et des beaux arts 1 (1825), 596–616, are astonishing. Comte later tried, but failed, to elicit a position of professor from Guizot and to obtain his official recognition.
26 Speech made on 26 March 1847 before the Chambre des députés, in Histoire parlementaire, vol. V, p. 383. In 1834, Guizot defined universal suffrage as ‘a pure instrument of destruction’, in ibid., vol. II, p. 285.
27 ‘De la liberté de la presse’, L’Avenir, 12 June 1831, published in P. Fesch, Lacordaire journaliste (Paris and Lyon: Delhomme et Briguet, 1897), p. 238.
28 The powerful, romantic and colourful rhetoric of his writing is a fine introduction to liberal Catholicism. See Conférences de Notre-Dame de Paris, vols. II–V, in Œuvres de Lacordaire (Paris: Poussielgue-Rusand, 1857). The Conferences of Notre-Dame took place between 1835 and 1851 (not without interruption). With the exception of a few conferences in Toulouse in 1854, Lacordaire avoided speaking in public after Louis-Napoléon Bonaparte’s coup d’état. His friend Montalembert, after briefly supporting the coup d’état, entered the ranks of the parliamentary opposition to the Empire. Both were outstanding orators.
29 Cited in Charles Forbes René de Montalembert, Un moine au dix-neuvième siècle: le Père Lacordaire (Paris: Victor Lecoffre, 1881), pp. 197–8. See also Montalembert (ed.), Le testament du P. Lacordaire (Paris: Charles Douniol, 1870), a moving document in which Lacordaire explains his political activism.
30 Montalembert, L’Église libre dans l’État libre (Dijon: L’Echelle de Jacob, 2006), p. 63. His speech, pronounced over two days, was published immediately following the congress, and led to a reprimand (not an official one) from the Pope. Montalembert claimed he had spoken as a historian and acted as a political figure, and had in no way ventured onto theological ground.
31 In Mirari vos (1832), the Pope condemned the freedom of the press and ‘the erroneous, in fact outrageous, thesis according to which whoever requests the freedom of conscience should be granted it’. Thereafter, the encyclical Singulari nos of 1834 summoned Lamennais to renounce the radical views he developed against temporal and spiritual sovereignties in Paroles d’un croyant (Brussels: E. Laurent, 1838). Lamennais left the church and lost his disciples.
32 In L’individu effacé ou le paradoxe du libéralisme français, I tried to show that the ‘right to judge one’s right’ served as the dividing line between the three variants and can form the basis for a typology of the different forms of liberalism.
33 See, for example, F. Guizot, De la démocratie en France (Paris: Victor Masson, 1849): ‘It is a display of great ignorance concerning the nature of man and of his condition to believe that, left unto itself, human liberty tends towards the good and can be sufficient. This is a mistake of pride; it is an error that weakens both the moral and the political order, the internal government of man and the general government of society’ (p. 22).
34 Constant, Principles of Politics Applicable to All Governments, p. 306.
35 A. Vinet, Essai sur la manifestation des convictions religieuses et sur la séparation de l’Église et de l’État (1842), revised second edn (Paris: Chez les éditeurs rue de Rivoli, 1858).
36 Ibid., p. 218.
37 This links up with the question of ‘private judgement’ contested by Bossuet and the Catholic theologians for matters related to Scripture. See the book by Helena Rosenblatt, Liberal Values: Benjamin Constant and the Politics of Religion (Cambridge: Cambridge University Press, 2008), in particular pp. 130 ff. It is worth noting that Constant (like all French thinkers of the time) knew Alexandre Vinet, even though Vinet’s Essai was published twelve years after Constant died. This is because Vinet’s Mémoire en faveur de la liberté des cultes was rewarded as early as 1826 by the Société de la morale chrétienne (with a glowing review by Guizot and a commentary by Barante). See my analyses of Vinet’s philosophy of freedom in Jaume, Tocqueville, pp. 176–94.
38 See my analysis in Jaume, L’individu effacé, pp. 407–46.
39 The speech can be found in Guizot, Histoire parlementaire de France, vol. I, pp. 1–13. Also in the Archives parlementaires, 2nd series, vol. XXIV, pp. 165–7, and, following it, Benjamin Constant’s response.
40 Ibid.
41 In this speech, we can observe Guizot’s reservations vis-à-vis the bourgeoisie, whose support he nonetheless sought: ‘Their sagacity concerning the interests of their new position is admirable; yet it is a fearful position, one which offers whoever can take hold of it a thousand ways of influencing them with the greatest of ease.’
42 Ibid.
43 Ibid. He asserts that, for the foreseeable future, ‘this power, or, if you prefer, the influence of newspapers, will be great, strong, and formidable’.
44 Ibid.
45 And also in 1830, when the same debate, involving the same arguments and the two same protagonists, again took place.
46 Guizot, Des moyens de gouvernement et d’opposition dans l’état actuel de la France, 1821.
47 Constant, in Archives parlementaires, 2nd series, vol. XXIX, p. 168.
48 Cf. Constant’s various pieces on these two notions: ‘Du moment actuel et de la destinée de l’espèce humaine’ and ‘Trois textes relatifs à la perfectibilité de l’espèce humaine’, in Œuvres complètes de Benjamin Constant, ed. P. Delbouille et M. de Rougemont, vol. III: Écrits littéraires (1800–1813) (Tübingen: Max Niemeyer, 1995), pt i, pp. 361–90, 431–76. Constant had hoped to write a ‘short history of equality’, but in fact never did.
49 In 1819, speaking before Guizot in the Assembly, Royer-Collard expressed this necessary isomorphism: ‘The total number of newspapers is not determined by the number of readers, but by the number of dominant opinions and nuances of opinion. Every opinion that has a certain number of advocates can give rise to a newspaper, whose task is then to defend it … And, since it is the newspapers that form opinions in society, and are, in a way, their government, it is in the interests of parties to themselves be formed in line with the society to which they belong’ (Archives parlementaires, 2nd series, vol. XXIV, pp. 173 ff.). In other words, the social relevance of a party depended on whether it could make its voice heard on a newspaper. We would today speak of political ‘visibility’. Royer-Collard hoped to reduce the number of newspapers to three or four.
50 In 1845, defending conservative interests, Guizot spoke out in favour of protectionist tariffs: it was necessary to protect society against possible shocks. For his part, Ledru-Rollin declared that the working classes supported ‘an intelligent protective state’. On this debate, see P. Rosanvallon, L’État en France de 1789 à nos jours (Paris: Seuil, 1990), pp. 211–12.
51 It appears to have been Cousin who coined this notion during the debate in 1844 on the role of universities and a ‘state philosophy’ (session of 4 May 1844 in the Chambre des pairs). The term ‘government of minds’ implies that it is minds that are governed, not minds that govern. See V. Cousin, Œuvres de M. Victor Cousin, Instruction publique, vol. II, new revised edn (Paris: Pagnerre, 1850), p. 160: ‘Because its governing power [that of the Board of Public Instruction] is the government of minds, it is the most difficult of all.’ See also, F. Guizot, Mémoires pour server à l’histoire de mon temps, 8 vols. (Paris: Michel Lévy Frères, 1858–67), vol. III, p. 14: ‘The government of minds is the great problem of modern societies. In the last century it was often said … that minds of people, following their proper and free development, must not be governed … Experience has protested against this arrogant and careless solution … and has harshly demonstrated that [societies] must have guides and checks.’
52 On the difficulties the republicans faced reconciling the political ‘people’ and the rural people, see the doctoral thesis in political philosophy by Chloé Gaboriaux: ‘Le paysan, un enjeu idéologique au XIXe siècle’, (Institut d’Études Politiques de Paris, 2008). A revised version has been published under the title La République en quête de citoyens: les républicains français face au bonapartisme rural (1848–1880) (Paris: Presses de Sciences Po, 2010).
53 The influence of the likes of Taine, Renan and Gambetta is far more significant than Rosanvallon’s account of these ‘founding fathers’ would suggest (Le moment Guizot, pp. 360–8). This is confirmed by the jurist Maurice Hauriou in around 1925. See also my recent thoughts in L’État administratif et le libéralisme. Une histoire française (Paris: Fondation pour l’Innovation Politique, 2009), also available at: www.fondapol.org.