Afternoon Tea: “Magna Carta for the World? The Merchants’ Chapter and Foreign Capital in the Early American Republic”

This Article examines the early modern revival and subtle transformation in what is here called the merchants’ chapter of Magna Carta and then analyzes how lawyers, judges, and government officeholders invoked it in the new American federal courts and in debates over congressional power. In the U.S. Supreme Court in the early 1790s, a British creditor and an American State debated the meaning and applicability of the merchants’ chapter, which guaranteed two rights to foreign merchants: free entry and exit during peacetime, without being subjected to arbitrary taxes; and, in wartime, the promise that their persons and goods would not be harmed or confiscated, unless their own king attacked and confiscated English merchants. In other words, no harm to enemy aliens, except as retaliation. Tit for tat.

The idea that reciprocity was a fundamental mechanism of international (and interpersonal) relations became something like a social science axiom in the early modern Enlightenment. Edward Coke claimed to find that mechanism in the merchants’ chapter and publicized it to lawyers throughout the emerging British Empire and beyond. Montesquieu lauded the English for protecting foreign commerce in their fundamental law, and Blackstone basked in that praise. American lawyers derived their understanding of the merchants’ chapter from these sources and then, in the early Republic, stretched the principle behind it to protect foreign capital, not just resident merchants. The vindication of old imperial debt contracts would signal to all international creditors that, in the United States, credit was safe. Federalists then invoked the chapter outside of the courts to resist Republican attempts to embargo commerce and sequester foreign credit. For Republicans, doux commerce had become the Achilles heel of the great Atlantic empires: their reliance on American trade could be used to gain diplomatic leverage without risking war. For Federalists, economic sanctions threatened not just their fiscal policy but their entire vision of an Atlantic world that increasingly insulated international capital from national politics. They all agreed, however, that the role of foreign capital in the American constitutional system was a central issue for the new and developing nation.

This is from Daniel J. Hulsebosch, a historian at NYU’s law school. Here is the link.


  1. In Japan, ghost stories are not to be scoffed at Christopher Harding, Aeon
  2. Montesquieu was the ultimate revisionist Henry Clark, Law & Liberty
  3. Did British merchants cause the Opium War? Jeffrey Chen, Quillette
  4. The eclipse of Catholic fusionism Kevin Gallagher, American Affairs

Reply to ‘Classical Liberalism, Cosmopolitanism and Nationalism’

I write in reply to Edwin van de Haar’s post ‘Classical Liberalism, Cosmopolitanism and Nationalism’, which contains some generous remarks about my social media posts while putting forward a view different from my own about the role of the nation state. Edwin argues that the nation state is foundational to classical liberalism in that post. I have previously argued for the benefits of the United Kingdom staying in the European Union, just before the referendum which has put the UK on the path to leaving.

I will start with the doctrinal issues of how far classical liberalism might be considered as something that is embedded in the emergence of the nation state as we know it. It is true that classical liberalism arose as the nation state emerged and consolidated and it did not occur to classical liberals, on the whole, to question the state system as they knew it. That is a system defined in early modern natural law and contractual theory about law and state as one of a very unified system of sovereignty in a world of ‘a state of nature’, anarchy, or lawlessness between states.

We have to note at least one major deviation in the familiar list of classical liberal authors, which is Immanuel Kant, thinking of his essays ‘Idea for a Universal History with a Cosmopolitan Purpose’ (1784) and ‘Perpetual Peace: a philosophical sketch’ (1795), which do not question the internal  sovereignty of states, but does argue for a law governed set of relations between states with a global institution of some sort to prevent republics going to war with each other.

We should consider John Stuart Mill’s thoughts on federal states in Considerations on Representative Government (1861), particularly chapter XVII, ‘Or Federal Representative Governments’ which looks at the possibility of a state with decentralised decision making functions. A nation state can be federalised, at least in principle, but what are the components of the federation other then sub-nations, where the population may even regard them as nations within the state. Mill was building on the experience of the United States since the constitution of 1787, and Switzerland, particularly since the federal constitution of 1848.

The United States and Switzerland did not come out of nowhere. The US consolidated the links between thirteen colonies of Great Britain while federal Switzerland built on the Swiss Confederation and its links with places like Geneva which were associated with the confederation, but were not part of it until the restructuring of European states in the Napoleonic period. The point here is that modern states may be federal as well as unitary states and that includes continuity with pre-modern links between at last partly self-governing regions-nations. We could even say that kind of state of associated states was the Medieval norm.

The example, and even idealisation, of this Medieval structure enters classical liberalism via Montesquieu’s The Spirit of the Laws (1748), along with the work of Swiss jurists of the time, particularly in Berne. Montesquieu was building on the experience of the kind of medieval and early modern monarchy where he thought there was liberty, moderation in government, distinguishing it from tyranny. In such situations different laws and assemblies for towns and for historic regions was quite normal under the monarchy. In so far as such states, like France, were tending to evolve in states based on the absolute sovereignty of the centre, in the formation of what we call a nation state, Montesquieu saw the danger of despotism.

The historical experience that Montesquieu was drawing on was the way that Medieval monarchies were constructed through assembling  patch work of  the monarch’s personal domains, regions with their own lords and institutions, and church domains, along with increasingly self-governing towns. He also looked at the antique experiences of allying republics in a federation, which he thought was preserved in the Netherlands and Switzerland of his time. Germany, which at that time was a kind of federal/confederal empire of very varied forms of sub-imperial sovereign units including princes with lands outside the Empire, was also a form of federation for Montesquieu.

If we go back to the German history of the century before Montesquieu, the idea of the modern nation state is strongly associated with the Treaty of Westphalia (1648), which ended the Thirty Years war, focused on Germany, but drawing in most of Europe. ‘Westphalian state system’ has become a label for an internal system of states which are completely sovereign internally and face each other as equal legal personalities with no higher instance of sovereignty or collective instrument for enforcing the laws of nations, which do have some basis in the natural law doctrines of the time, and earlier.

The trouble with this understanding of Westphalia is that though it has some truth for Europe outside the German Empire (officially known as the Holy Roman Empire), it is very misleading for the Empire, and therefore for those European powers, including Sweden and Denmark, which had land within the Empire. The princes, cities and other territorial units within the Empire were under the legal authority of the Emperor, who largely served as a judge of interstate disputes though with far greater powers in the lands of the Habsburg family (consolidated as the Austrian Empire in the Napoleonic era) which always had the Emperor, though the Emperor was legally an elective office. The Habsburgs land extended outside the Empire into central Europe so the Westphalian system of Imperial authority brought in other European nations and extended outside the Empire strictly speaking.

Westphalia modified a system rooted in the Middle Ages of Germany as a middle European federation or confederation, drawing in other parts of Europe and therefore anchoring a European system of some kind. Periods of dominance by France or Spain complicate this story, but French claims always overlapped with Imperial claims and the peak of Spanish power was when the Spanish monarchy was from the same family as the German Emperors.

The Napoleonic era disrupted these arrangements severely, but we can see Napoleon as trying to revive the original Empire of the Romans under Charlemagne in the ninth century, which united France, Germany and neighbouring territories under a Frankish over-king. Charlemagne was know as ‘father of Europe’ in his time, perhaps more in connection with Europe as Christendom and his wars against Muslims in Spain, then with Europe as we might think of it now, but this is part of the story of what it is for there to be a Europe and a European system. Coronation by the Pope and recognition of the Frankish kingdom as heir to ancient Rome connects the medieval German Empire with the first great European political system, the Roman Empire.

The aftermath of the Napoleonic period in Germany was a confederation, which again included those European powers (the United Kingdom was one) which had lands in Germany. This evolved into the German Empire founded in 1871, which was itself an extraordinary mixture of Greater Prussia, federation, democracy, aristocracy, monarchy, and so on. It was more of a nation state than German predecessor systems in that it was a sovereign unified part of the international state system. The size and growing economic power of the Kaiserreich, incorporating Polish, French and Danish speaking areas, made it a destabilising force in Europe. Too big for the security of other European states, too small to anchor a European system.

The First World War and the Second World War were both consequences of this unstable system. The European Union is in large part an attempt to solve the problem by creating a European system which Germany anchors, though since unification the dominance of Germany has become an issue again. Whatever the problems, the EU provides a better framework for structuring a European system in which Germany is both contained and can exert influence in a consensual manner.

Returning to the issue of the nation state, Germany was never a nation state in the strictest sense of a very unitary state with a single language and ethnicity. France has usually been taken as the model of the nation state ‘strictly speaking’, but even so it has only been a country of speakers of standard French since the late nineteenth century. As it is now, it includes speakers of Breton, Basque, Occitan and Alsace German. Corsica has special status and Alsace-Lorraine also has some special arrangements in recognition of its specificities.

The European world before the First World War was more of a Europe of multi-national Empires than nations, with four Empires (German Hohenzollern, Austrian Habsburg, Turkish Ottoman, Russian Romanov) dominating the centre and east. Spain in practice has always been an extended Castille in which other regions-nations have played variable distinct roles. The United Kingdom never completely integrated as a nation state; even at the peak of integration in the nineteenth century, Scotland kept its own legal, state church and educational system and since then in a rather complicated way the UK has become more loosely integrated and may lose Scotland in a few years.

Even with the imminent departure of the UK from the EU, Europe continues to be a political system, not just an aggregate of nation states. The larger European states are not nation states in the strictest sense. Even without the EU, European states accept various kinds of obligation with regard to north Atlantic security and global trade which limit sovereignty. The UK will negotiate some kind of membership of the internal market of the EU and its passport union aspect, as well as participation in various EU schemes. It will therefore continue to be part of a European system anchored by Germany.

Ever since the Romans, Europe has needed a European system of some kind, and the German anchor schemes going back to 800 have recognised the Roman precedent. In reality there has never been a Europe of nation states and the periods closest to that model ended in catastrophic wars. Disaggregation of the European system as it is now may not result in war, but it has the potential to unleash trade wars, protectionism, competitive currency devaluation, erosion of chances to live, work, and study abroad, associated labour market sclerosis, destabilising struggles for political-diplomatic dominance, and an incapacity to ally in order to deal with global and strategic issues affecting Europe, including migration flows, Russian expansionism, and Middle Eastern conflict and terror.

(more on the consequences of the UK leave referendum soon)

Liberty and the Novel I (Before Austen)

I’ve been working on Jane Austen and ethics recently. These ethical investigations have overlapped with considerations of politics and liberty, with regard to the progress of such ideas in the early nineteenth century when Austen was writing, along with the immediately preceding and following periods.

There is a well known Marxist view of the history of literature, which is that the novel (and other literary genres, but mostly the novel) can be seen as developing along with the development of the bourgeoisie, so that is progressive and emancipatory until the turning point year of 1848 when the bourgeois class at least in part turns against the progressive-democratic, working class, and national revolutions of the European Springtime of the Nations.

At this point the capitalist class flees from democracy, allying with the royalist and aristocratic forces to prevent a revolution that might overturn property relations as well as pre-democratic political forms. After 1848, the novel largely becomes inward looking and alienated from social reality, because of the ties of writers and readers to a bourgeois class trying to hold back socialist working class politics, or at least fears to ally with it.

The classic exponent of this view is the Hungarian philosopher Georg Lukács who was born into the Habsburg Empire and so wrote in German, very much continuing themes from German language philosophy, literary studies, and social science. The relevant texts include The Historical Novel and Studies in European Realism.

I do not write to advocate Lukács’ literary history and of course even less do I advocate his Leninist politics. However, he undoubtedly makes an important contribution. Not many people now, Marxist or otherwise, would advocate the more schematic elements of his literary history. Nevertheless he was continuing ideas he had before his turn to Marxism, as expressed in Theory of the Novel and Soul and Form and he was onto something with regard to the heroic and less heroic phases of literature.

The novel itself has non-heroic and even anti-heroic aspects. If we take Miguel de CervantesDon Quixote (1605 and 1615) as the starting point of the modern novel, a debatable proposition but not outrageously so, then the novel is something that starts with the mockery of the heroes of medieval knightly romance through a character trying to imitate them in real life Castile. It is a crude piece of social history to say this, but nevertheless it is roughly true that Don Quixote coincides with the growth of commercial Europe, trading across the Mediterranean and the Atlantic, as there is a growth of cities along with the increase in membership of the merchant and financial classes.

This is the sweet commerce rightly advocated by Charles-Louis de Secondat, Baron Montesquieu, but also the violent consolidation of European states and the growth of their overseas empires. This is not all pleasant, but then that makes it to some degree ‘heroic’, as heroism refers to struggle and triumph with limited regard for other concerns. The ‘heroism’ of Quixote is to observe the Spain of his time in his bizarre adventures, learning from experience and awakening from his illusions, if only on the point of death. He becomes disillusioned by experience so achieving a more inner awareness freed from the illusions of romances in an idea of authenticity which has its own romance. A romance that is very visible in the subsequent development of the novel.

Other inputs into the development of the novel include John Bunyan’s The Pilgrim’s Progress (1678), a religious story from England of salvation in an allegory focused on a hero called Christian. There was nothing new about texts of salvation, but this is a novel length narrative devoted to individual struggles with externalised representations of distractions from faith. It was read very widely in the English speaking Protestant world, turning theological concerns into a popular heroic narrative of release of the self from ungodly illusions, and references to it abound in later literature of a kind less guided by strict Reformation Protestantism. (to be continued)

Also posted at Stockerblog

Flag Burning, the Bill of Rights, and Leaving America Behind: Fourth of July Special

Yes, the American Revolution was special. It’s not yet uncool to recognize facts. You are entitled to your mistaken and unsupported opinions, however; this is a free country. (Not thanks to you!)

First, there were no massacres. It may have been different if Britain had won, I don’t know. The Loyalists were treated harshly in many places. Many lost their property. Many became the English-speaking root of that milder version of ourselves, Canada. Americans were so generous-minded however that they even allowed Hessian (from Germany) mercenaries from the defeated British army to settle among them. Try to imagine any of the formerly occupied countries in Europe in 1945 allowing Russian SS from the German armed forces to stay behind and prosper! (Yes, there were Russian SS, thousands of them.)

Second, the US Constitution was and probably remains the most clear, exemplary embodiment of the healthy political idea of separating powers, a major step in uprooting the habit of despotism. (I may be wrong but I think the desirability of the separation of powers my have been enunciated earliest by the French philosopher Montesquieu. The French themselves mostly made a mess of the idea.)

Third, it took an embarrassingly long time but American constitution-builders eventually produced a wise list of specifically enunciated rights. A bill of rights is a necessity to protect political, intellectual, and religious minorities and, especially, individuals from the potential, and the very real, threat of tyranny of the majority.

The next to try a bill of rights, the French, did it only a few months later, also in 1789. With the privilege of having Ben Franklin right there in Paris to lend a hand, with Lafayette – who understood the idea well – involved, they also screwed up that one. Most of them don’t know it to this day, I think, but the insertion of one sentence in their Bill has the potential to nullify the whole: “Art. 6. La Loi est l’expression de la volonté générale.* “The Law, is the expression of the general will.” This general will, the will, the will of all, has the power to eradicate any of the individual rights carefully enunciated elsewhere in the same document. Correspondingly, today in France, there are concrete limitations on freedom of speech, for example, although freedom of speech is specifically guaranteed by the French Bill. These limitations were imposed in a carefully legal manner via acts of parliament, and signed by the president yet, they are still a form of despotism and a slippery slope. The little sentence above makes a constitutional challenge on these restrictions on speech difficult, if not impossible.

Incidentally, and going back to the US, there have been recent episodes of US flag burning by activists protesting – somehow – the Charleston church massacre. Go ahead, burn away, it’s your right so long as you don’t accidentally set afire a neighbor’s or public property! I feel forced to link this kind of petulant, childish behavior to a poll I saw recently that describes 50% of millennials as wishing to emigrate, to leave this country.** So, after voting massively for Mr Obama seven years ago, they want to escape the massive failures of his administration instead of staying put and contributing to reverse them. One the failures imputed to Mr Obama is wage stagnation. It has frozen many thirties-something in place, economically speaking. I am not sure it’s fair to blame Mr Obama but it’s done to every administration.

I know quite a bit about emigration/immigration as you might guess. So, I will presume to give potential emigrants advice: You may move to Australia, my friends. Australia will be glad to have you. The country is an admirably successful redneck project. You will enjoy the Australians’ great pubs. Of course, there is a good chance that the first night out to one of the pubs, you will open your mouths too wide. Then you may well end up beaten to a pulp in some dark alley. I don’t wish you such a fate; I disapprove of such rowdy behavior. If it comes to my attention, in the news or in the newspaper, I will not laugh openly. There will just be a little smirk on my face.  Have a good trip.

* 1789 Déclaration universelle des droits de l’homme et du citoyen

** Ordinarily, I am the first one to point out that fewer than two convergent polls from respected sources is nothing. So, take this with two grains of salt.

Myths of Sovereignty and British Isolation, V: Britain and European Models

The last post looked at how Montesquieu’s The Spirit of the Laws, the biggest classic of Enlightenment political thought, certainly in size and probably in importance, does not offer Britain as the model of liberty for Europe. Rounding off that argument, Germany produced its own important liberty oriented thought at the end of the eighteenth century in the work of Immanuel Kant and Wilhelm von Humboldt, in which they do not offer Britain as a model. Of course at this time Britain stood as an example of liberty, particularly in the exact period from 1792 when the French Revolution had turned highly violent and dictatorial, and European monarchies were tending to become more conservative-authoritarian in reaction.

Nevertheless, the opening phase of the French Revolution developed a much more complete vision of a equal citizens under laws they had made themselves through representative citizens than Britain itself. France was the home of great liberal thinkers such as Benjamin Constant (like Rousseau and Voltaire, Swiss in origin) and Germaine de Stael, who were  horrified by the descent of the French Revolution into state terror and then Bonapartist dictatorship. Switzerland and the variety of German states within the loose structure of an empire (the Holy Roman Empire of the German Nation) gave them ideas for liberty.

Going back to Germany itself, there was a strong element of aesthetic liberalism, focused on the cultivation of individuality and individuality sensibility, which drew on the growth of German culture at that time and the history of many different states and state forms, that includes Johann Wolfgang von Goethe, Friedrich Schiller, and Friedrich Schlegel that had a European wide influence, including in Britain.

On the level of what was going in European nations during the eighteenth century is should be noted that the death penalty was abolished in the state of Tuscany in northern Italy in the late eighteenth century at a time when Britain was famous for widespread use of the death penalty, not just for murder and treason but for small crimes in property. The French Revolution inspired severe attacks on civil liberties in Britain and one of many rounds of state force to keep the Irish down, when the United Irishmen revolted in 1798 for Irish self-government.

Britain was largely ahead of the rest of Europe at the end of the wars with Revolutionary and Bonapartist France, but that was in large part because Britain had worked very hard to finance and encourage autocratic monarchies to take back control of Europe. Napoleon was no friend of liberty, though some British sovereigntist-Eurosceptics nevertheless celebrate him, as in Andrew Robert’s recent biography Napoleon the Great. Not for the first time a British sovereigntist shows signs of wishing to imitate European nations at times when they seem most aggressively sovereign, while holding to British separateness and superiority.

As the nineteenth century unfolded, Britain started as a nation where the existence of an elected parliament, a limited form of monarchy in the process of becoming a purely symbolic monarchy, and strong legal institutions allows a case for saying that Britain was leading the way in liberty, at least for those belonging to the most marginal and dominated parts of the state territory. However, that picture applies less and less after 1830, when the July Revolution put in place a system in France, under the Orléanist monarchy, comparable to that in Britain for promoting law, liberty, and commerce. It must be said that the preceding system introduced after the defeat of Napoleon under the restored Bourbon monarchy was directly modeled on Britain’s, but could not work like the British system, given the different national context. A lesson in the dangers of thinking that liberty can be exported and designed from abroad.

The 1848 cross-European ‘Springtime of the Peoples’ undermined the relative advantages of the British system further as republics and monarchies limited by constitutions were proclaimed in various parts of Europe. There was a big autocratic reaction reversing most but not all of this. Denmark made the most progress, with peaceful demonstrations leading to a constitutional monarchy and an elected national assembly. France reverted to autocracy under the Second Empire of Napoleon III (nephew of the famous Napoleon). However, the Second Empire did have elected bodies and however objectionable Louis-Napoleon’s seizure of sovereign power was, he was a moderate autocrat presiding over a continuing growth of civil and commercial society. If we look at models for liberty in Europe, Britain was certainly important, but so was France. Even under Napoleon III, France was a long way ahead of most of Europe in the liberties of its people and the vibrancy of the economy.

If we look at one of the most important events in nineteenth century Europe, the Risorgimento which turned Italy from multiplicity of more or less autocratic states, including the Austrian armies more of less resting on church domination of society and Austrian armies, into a unified nation; France was important in providing a model of a relatively secular liberal catholic society and in pushing for a more modernist liberal form of government in Italy. Napoleon III’s behaviour was opportunistic and designed to revive French power in Europe, but nevertheless he seems to have had a genuine sentimental attraction  to the idea of a free and unified Italy. Camillo Benso, Count of Cavour, as chief minister of Sardinia-Piedmont was the major political architect of a unified Italy was impressed by both the French and British models. The ideological architect of the Risorgimento, Giuseppe Mazzini, largely lived in London and was impressed by the British type of constitutionalism and political culture, but nevertheless was also a republican and European federalist more influenced at the level of political thought by the French revolutionary and republican heritage. The military architect of the Risorgimento, Giuseppe Garibaldi, was popular in Britain, but belonged to the French republican revolutionary heritage, which he worked to spread in South America before returning to Italy.

Next post, Britain and Europe after the Springtime of the Peoples

Myths of Sovereignty and British Isolation, IV: Britain the Enlightenment model for a liberal Europe?

Following on from last post in this series, focused on the violent formation of the nineteenth century British state, a largely political theory post on how far Britain had a special status as a model of liberalism and then democracy in Europe. Despite all the negative aspects discussed in the last post, there was of course some overall progress in Britain in creating a society and political system based on law, tolerance, individual rights, and a commercial society with prosperity spreading to all, sooner or later, though clearly much later for the afflicted groups discussed in the last post. Now it is certainly true that in the eighteenth and nineteenth centuries, and more recently, Britain has been taken as a positive example for those wishing to promote those good things in their own political community.

The trouble with the Eurosceptic-sovereignty view is that these realities are transformed into a belief in a British legal and state community uniquely, and its very essence, prone to liberty under law and all the associated benefits, and recognised such by all Europeans gracious enough to acknowledge British superiority. Let us look at the eighteenth century discussion which is when comparisons of Britain and European states around law, liberty, civil society and so really got started. Strange as it might seem to some, earlier thinkers about liberty like Machiavelli, Grotius, and Pufendorf did not promote the idea of Britain as exemplary. The eighteenth century French Enlightenment certainly did lead to some admiring interest in Britain from that point of view. Maybe the main populariser of Enlightenment, Voltaire, was a great Anglophile. However, the really intellectually important observer in France at that time was Charles-Louis de Secondat, Baron de Montesquieu, author of The Spirit of the Laws, who did visit England (but not the rest of Britain).

Montesquieu could be said to be something of an Anglophile and he has sometimes been taken as the bearer of a British model of liberty throughout Europe, as if he recognised Britain, as superior, of course to France. Though this is a familiar story in terms of the urban myths of history of political thought, it is not really plausible for the more sophisticated reader. Questions of interpretation of Montesquieu of course arise here, but there is proper interpretation of Montesquieu based on a thorough reading which could justify the view of him as possessing a political theory based on Anglophilia.

Montesquieu recognised two kinds of state compatible with liberty and ‘moderate government’, meaning government restrained by law along with a general respect for customs and moral standards. Those two types of government are monarchy and republic. Montesquieu also regarded a republic as less compatible with commercial spirit – which he strong endorsed – than monarchy, though he recognised exceptions and transitional cases. For Montesquieu, republicanism, at least in any pure form, meant some very small homogenous community with laws adopted by the people as a whole or an aristocracy. In both cases, Montesquieu thought that wealth tended to undermine the possibility of a republic, as such a state rests on putting ‘virtue’ (largely meaning patriotism and respect for law) above wealth in a very strong way. A monarchy, he thought, rested on ‘honour’ (largely meaning the search for status through wealth or through high position in the monarchical state). So a commercial society was more likely under monarchy than a republic. Montesquieu had in mind a large modern European state, which showed that to be case, France.

For Montesquieu, Britain was a disguised republic, a quite realistic assessment since political power rested with an aristocratic-oligarchic elite under a crown, which could not raise taxes or go to war without parliamentary approval. Montesquieu recognised that Britain was a great trading and commercial country, but at that time the same could be said for France which had a much larger population and therefore was a more important example of commercial society. Anyway, though Montesquieu had some complimentary things to say about Britain, he regarded it as culturally inferior to France, a view he expressed in his own way partly through complaining that there was less enjoyable social relations between men and women, a sign of backwardness.

Montesquieu was sceptical about the relevance of republics to the modern world except as city states, like Venice, or those German cities which were self-governing, or better for reasons of strength and survival, as federations of city states (or maybe rural communities of similar population), like the Netherlands of the time (known as the United Provinces) and Switzerland. Montesquieu looks at so many perspectives and considers so many examples that there is some difficulty in saying what his model was, but the evidence is for a choice of the French monarchy, emphasising how much power in reality rested in institutions other than the monarchy, such as law courts, town governments, universities, and the church. If he was not arguing for the primacy of the French model, he must have favoured the federated republics of his time. He has more to say in detail about Britain and it had good things about it, but there is no way in which Montesquieu had an Anglophile political theory which legitimates soveriegntist-Eurosceptic assumptions of special, separate, and superior status for Britain in relation to Europe.

Next post some more political theory, but also another broad historical discussion.