An Essay on the Vicissitudes of Civil Society with Special Reference to Scotland in the Eighteenth Century

Indiana Law Journal

Volumn 72, Issue 2, 1997, Pages 458-487

  Becker, Marvin B ^a  

^a UNIVERSITY OF MICHIGAN   (United States)

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EID: 1542393680     PISSN: 00196665     EISSN: None     Source Type: Journal    
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References (111)

1. Deeply influenced by Montesquieu's The Spirit of the Laws, CHARLES DE SECONDAT, BARON DE MONTESQUIEU, THE SPIRIT OF THE LAWS (Thomas Nugent ed. & trans., 1949) (1748), Adam Ferguson resolved to provide an account of human morals, manners, and laws predicated upon tactics of introspection and an explication of the details of history and the daily experience of peoples. The Scottish Highlander confided to his readers: "When I recollect what the President Montesquieu has written, I am at a loss to tell, why I should treat of human affairs . . . ." His justification follows: his account will be more within the range of the comprehension of ordinary citizens. ADAM FERGUSON, AN ESSAY ON THE HISTORY OF CIVIL SOCIETY 65 (Duncan Forbes ed., Edinburgh Univ. Press 1966) (1767). (Since I have used different libraries, I shall cite, on occasion, different editions of the same text.) For further discussion of Adam Ferguson, see MARVIN B. BECKER, THE EMERGENCE OF CIVIL SOCIETY IN THE EIGHTEENTH CENTURY: A PRIVILEGED MOMENT IN THE HISTORY OF ENGLAND, SCOTLAND, AND FRANCE at xi-xiv (1994). A revival of interest in the writings of Ferguson, as well as other Scottish moralists and exponents of civil society, is most evident in Eastern Europe. See William Rees-Mogg, Up and Running Ahead: Recovery in the Auction Rooms, TIMES LITERARY SUPPLEMENT, June 21, 1991, at 22.
2. Deeply influenced by Montesquieu's The Spirit of the Laws, CHARLES DE SECONDAT, BARON DE MONTESQUIEU, THE SPIRIT OF THE LAWS (Thomas Nugent ed. & trans., 1949) (1748), Adam Ferguson resolved to provide an account of human morals, manners, and laws predicated upon tactics of introspection and an explication of the details of history and the daily experience of peoples. The Scottish Highlander confided to his readers: "When I recollect what the President Montesquieu has written, I am at a loss to tell, why I should treat of human affairs . . . ." His justification follows: his account will be more within the range of the comprehension of ordinary citizens. ADAM FERGUSON, AN ESSAY ON THE HISTORY OF CIVIL SOCIETY 65 (Duncan Forbes ed., Edinburgh Univ. Press 1966) (1767). (Since I have used different libraries, I shall cite, on occasion, different editions of the same text.) For further discussion of Adam Ferguson, see MARVIN B. BECKER, THE EMERGENCE OF CIVIL SOCIETY IN THE EIGHTEENTH CENTURY: A PRIVILEGED MOMENT IN THE HISTORY OF ENGLAND, SCOTLAND, AND FRANCE at xi-xiv (1994). A revival of interest in the writings of Ferguson, as well as other Scottish moralists and exponents of civil society, is most evident in Eastern Europe. See William Rees-Mogg, Up and Running Ahead: Recovery in the Auction Rooms, TIMES LITERARY SUPPLEMENT, June 21, 1991, at 22.
3. Deeply influenced by Montesquieu's The Spirit of the Laws, CHARLES DE SECONDAT, BARON DE MONTESQUIEU, THE SPIRIT OF THE LAWS (Thomas Nugent ed. & trans., 1949) (1748), Adam Ferguson resolved to provide an account of human morals, manners, and laws predicated upon tactics of introspection and an explication of the details of history and the daily experience of peoples. The Scottish Highlander confided to his readers: "When I recollect what the President Montesquieu has written, I am at a loss to tell, why I should treat of human affairs . . . ." His justification follows: his account will be more within the range of the comprehension of ordinary citizens. ADAM FERGUSON, AN ESSAY ON THE HISTORY OF CIVIL SOCIETY 65 (Duncan Forbes ed., Edinburgh Univ. Press 1966) (1767). (Since I have used different libraries, I shall cite, on occasion, different editions of the same text.) For further discussion of Adam Ferguson, see MARVIN B. BECKER, THE EMERGENCE OF CIVIL SOCIETY IN THE EIGHTEENTH CENTURY: A PRIVILEGED MOMENT IN THE HISTORY OF ENGLAND, SCOTLAND, AND FRANCE at xi-xiv (1994). A revival of interest in the writings of Ferguson, as well as other Scottish moralists and exponents of civil society, is most evident in Eastern Europe. See William Rees-Mogg, Up and Running Ahead: Recovery in the Auction Rooms, TIMES LITERARY SUPPLEMENT, June 21, 1991, at 22.
4. Deeply influenced by Montesquieu's The Spirit of the Laws, CHARLES DE SECONDAT, BARON DE MONTESQUIEU, THE SPIRIT OF THE LAWS (Thomas Nugent ed. & trans., 1949) (1748), Adam Ferguson resolved to provide an account of human morals, manners, and laws predicated upon tactics of introspection and an explication of the details of history and the daily experience of peoples. The Scottish Highlander confided to his readers: "When I recollect what the President Montesquieu has written, I am at a loss to tell, why I should treat of human affairs . . . ." His justification follows: his account will be more within the range of the comprehension of ordinary citizens. ADAM FERGUSON, AN ESSAY ON THE HISTORY OF CIVIL SOCIETY 65 (Duncan Forbes ed., Edinburgh Univ. Press 1966) (1767). (Since I have used different libraries, I shall cite, on occasion, different editions of the same text.) For further discussion of Adam Ferguson, see MARVIN B. BECKER, THE EMERGENCE OF CIVIL SOCIETY IN THE EIGHTEENTH CENTURY: A PRIVILEGED MOMENT IN THE HISTORY OF ENGLAND, SCOTLAND, AND FRANCE at xi-xiv (1994). A revival of interest in the writings of Ferguson, as well as other Scottish moralists and exponents of civil society, is most evident in Eastern Europe. See William Rees-Mogg, Up and Running Ahead: Recovery in the Auction Rooms, TIMES LITERARY SUPPLEMENT, June 21, 1991, at 22.
5. KARL MARX & FRIEDRICH ENGELS, THE COMMUNIST MANIFESTO (Leo Huberman & Paul M. Sweezy eds., Monthly Review Press 1964) (1848).
6. For a nuanced and thoughtful discussion of Karl Marx's views on civil society, see ADAM SELIGMAN, THE IDEA OF CIVIL SOCIETY 52-56 (1992). Seligman regards the separation of civil society from private life as one of the defining characteristics of modernity, citing Marx's oft-quoted words from On the Jewish Question: Where the political state has attained its true development, man - not only in thought, in consciousness, but in reality, in life - leads a twofold life, a heavenly and an earthly life: life in the political community, in which he considers himself a communal being, and life in civil society, in which he acts as a private individual, regards other men as a means, degrades himself into a means and becomes a plaything of alien powers. Id. at 54 (some original emphasis omitted) (quoting Karl Marx, On the Jewish Question, DEUTSCH-FRANZÖSISCHE JAHRBÜCHER (1844), reprinted in 3 KARL MARX, FREDERICK ENGELS, COLLECTED WORKS 146, 154 (Progress Publishers 1975)); see also MARX, supra, at 162, 164-66.
7. For a nuanced and thoughtful discussion of Karl Marx's views on civil society, see ADAM SELIGMAN, THE IDEA OF CIVIL SOCIETY 52-56 (1992). Seligman regards the separation of civil society from private life as one of the defining characteristics of modernity, citing Marx's oft-quoted words from On the Jewish Question: Where the political state has attained its true development, man - not only in thought, in consciousness, but in reality, in life - leads a twofold life, a heavenly and an earthly life: life in the political community, in which he considers himself a communal being, and life in civil society, in which he acts as a private individual, regards other men as a means, degrades himself into a means and becomes a plaything of alien powers. Id. at 54 (some original emphasis omitted) (quoting Karl Marx, On the Jewish Question, DEUTSCH-FRANZÖSISCHE JAHRBÜCHER (1844), reprinted in 3 KARL MARX, FREDERICK ENGELS, COLLECTED WORKS 146, 154 (Progress Publishers 1975)); see also MARX, supra, at 162, 164-66.
8. For a nuanced and thoughtful discussion of Karl Marx's views on civil society, see ADAM SELIGMAN, THE IDEA OF CIVIL SOCIETY 52-56 (1992). Seligman regards the separation of civil society from private life as one of the defining characteristics of modernity, citing Marx's oft-quoted words from On the Jewish Question: Where the political state has attained its true development, man - not only in thought, in consciousness, but in reality, in life - leads a twofold life, a heavenly and an earthly life: life in the political community, in which he considers himself a communal being, and life in civil society, in which he acts as a private individual, regards other men as a means, degrades himself into a means and becomes a plaything of alien powers. Id. at 54 (some original emphasis omitted) (quoting Karl Marx, On the Jewish Question, DEUTSCH-FRANZÖSISCHE JAHRBÜCHER (1844), reprinted in 3 KARL MARX, FREDERICK ENGELS, COLLECTED WORKS 146, 154 (Progress Publishers 1975)); see also MARX, supra, at 162, 164-66.
9. For a nuanced and thoughtful discussion of Karl Marx's views on civil society, see ADAM SELIGMAN, THE IDEA OF CIVIL SOCIETY 52-56 (1992). Seligman regards the separation of civil society from private life as one of the defining characteristics of modernity, citing Marx's oft-quoted words from On the Jewish Question: Where the political state has attained its true development, man - not only in thought, in consciousness, but in reality, in life - leads a twofold life, a heavenly and an earthly life: life in the political community, in which he considers himself a communal being, and life in civil society, in which he acts as a private individual, regards other men as a means, degrades himself into a means and becomes a plaything of alien powers. Id. at 54 (some original emphasis omitted) (quoting Karl Marx, On the Jewish Question, DEUTSCH-FRANZÖSISCHE JAHRBÜCHER (1844), reprinted in 3 KARL MARX, FREDERICK ENGELS, COLLECTED WORKS 146, 154 (Progress Publishers 1975)); see also MARX, supra, at 162, 164-66.
10. It is the thesis of my The Emergence of Civil Society that the concept of civil society came to fruition in Scotland and England at a "privileged moment," when religious and political stability combined with rapid commercial expansion. The governing order was confronted with moderate claims for social and economic reform and, therefore, able to maintain the basic features of commercial/civil society intact. Of course these included laissezfaire economics, free market, competitiveness, and division of labor.
11. The trend toward equality at the mid-nineteenth century appeared to prescient observers to be irresistible, but that in itself was no reason to be pleased. Mill shared with Tocqueville an anxious apprehension that the moral dangers certain to follow in the wake of this social transformation were matters of grave concern. See F.L. VAN HOLTHOON, THE ROAD TO UTOPIA: A STUDY OF JOHN STUART MILL'S SOCIAL THOUGHT 92-95 (1971). Benjamin Constant, whose part in the discussion of civil society will be considered subsequently, is perhaps one of the early authors (1767-1830), whose writings dramatize the unease and ambivalence toward life in a commercial/civil society. He recognized the irremediable force of social and economic change and the power of egalitarianism while fearing that modern life would suffocate "noble ideals and generous emotions." Biancamaria Fontana, Introduction to BENJAMIN CONSTANT, POLITICAL WRITINGS 25 (Biancamaria Fontana ed. & trans., 1988) (quoting Benjamin Constant, De M. Dunoyer et de quelques-uns de ses ouvrages, in MELANGES DE LITTERATURE ET POLITIQUE 155 (1829)). His influential novel, ADOLPHE (W. Andrew Oliver ed., St. Martin's Press 1968) (1816), remains a classic of romantic yearning and torn impulses. See Fontana, supra, at 1-42. It might be well to recall, however, Tocqueville's conclusion in ALEXIS DE TOCQUEVILLE, DEMOCRACY IN AMERICA 704 (J.P. Mayer ed., Anchor Books 1969) (1850), when comparing the generosity and aristocratic honor of the old regime with its unheroic revolutionary successor: "Equality may be less elevated, but it is more just, and in its justice lies its greatness and beauty."
12. The trend toward equality at the mid-nineteenth century appeared to prescient observers to be irresistible, but that in itself was no reason to be pleased. Mill shared with Tocqueville an anxious apprehension that the moral dangers certain to follow in the wake of this social transformation were matters of grave concern. See F.L. VAN HOLTHOON, THE ROAD TO UTOPIA: A STUDY OF JOHN STUART MILL'S SOCIAL THOUGHT 92-95 (1971). Benjamin Constant, whose part in the discussion of civil society will be considered subsequently, is perhaps one of the early authors (1767-1830), whose writings dramatize the unease and ambivalence toward life in a commercial/civil society. He recognized the irremediable force of social and economic change and the power of egalitarianism while fearing that modern life would suffocate "noble ideals and generous emotions." Biancamaria Fontana, Introduction to BENJAMIN CONSTANT, POLITICAL WRITINGS 25 (Biancamaria Fontana ed. & trans., 1988) (quoting Benjamin Constant, De M. Dunoyer et de quelques-uns de ses ouvrages, in MELANGES DE LITTERATURE ET POLITIQUE 155 (1829)). His influential novel, ADOLPHE (W. Andrew Oliver ed., St. Martin's Press 1968) (1816), remains a classic of romantic yearning and torn impulses. See Fontana, supra, at 1-42. It might be well to recall, however, Tocqueville's conclusion in ALEXIS DE TOCQUEVILLE, DEMOCRACY IN AMERICA 704 (J.P. Mayer ed., Anchor Books 1969) (1850), when comparing the generosity and aristocratic honor of the old regime with its unheroic revolutionary successor: "Equality may be less elevated, but it is more just, and in its justice lies its greatness and beauty."
13. The trend toward equality at the mid-nineteenth century appeared to prescient observers to be irresistible, but that in itself was no reason to be pleased. Mill shared with Tocqueville an anxious apprehension that the moral dangers certain to follow in the wake of this social transformation were matters of grave concern. See F.L. VAN HOLTHOON, THE ROAD TO UTOPIA: A STUDY OF JOHN STUART MILL'S SOCIAL THOUGHT 92-95 (1971). Benjamin Constant, whose part in the discussion of civil society will be considered subsequently, is perhaps one of the early authors (1767-1830), whose writings dramatize the unease and ambivalence toward life in a commercial/civil society. He recognized the irremediable force of social and economic change and the power of egalitarianism while fearing that modern life would suffocate "noble ideals and generous emotions." Biancamaria Fontana, Introduction to BENJAMIN CONSTANT, POLITICAL WRITINGS 25 (Biancamaria Fontana ed. & trans., 1988) (quoting Benjamin Constant, De M. Dunoyer et de quelques-uns de ses ouvrages, in MELANGES DE LITTERATURE ET POLITIQUE 155 (1829)). His influential novel, ADOLPHE (W. Andrew Oliver ed., St. Martin's Press 1968) (1816), remains a classic of romantic yearning and torn impulses. See Fontana, supra, at 1-42. It might be well to recall, however, Tocqueville's conclusion in ALEXIS DE TOCQUEVILLE, DEMOCRACY IN AMERICA 704 (J.P. Mayer ed., Anchor Books 1969) (1850), when comparing the generosity and aristocratic honor of the old regime with its unheroic revolutionary successor: "Equality may be less elevated, but it is more just, and in its justice lies its greatness and beauty."
14. The trend toward equality at the mid-nineteenth century appeared to prescient observers to be irresistible, but that in itself was no reason to be pleased. Mill shared with Tocqueville an anxious apprehension that the moral dangers certain to follow in the wake of this social transformation were matters of grave concern. See F.L. VAN HOLTHOON, THE ROAD TO UTOPIA: A STUDY OF JOHN STUART MILL'S SOCIAL THOUGHT 92-95 (1971). Benjamin Constant, whose part in the discussion of civil society will be considered subsequently, is perhaps one of the early authors (1767-1830), whose writings dramatize the unease and ambivalence toward life in a commercial/civil society. He recognized the irremediable force of social and economic change and the power of egalitarianism while fearing that modern life would suffocate "noble ideals and generous emotions." Biancamaria Fontana, Introduction to BENJAMIN CONSTANT, POLITICAL WRITINGS 25 (Biancamaria Fontana ed. & trans., 1988) (quoting Benjamin Constant, De M. Dunoyer et de quelques-uns de ses ouvrages, in MELANGES DE LITTERATURE ET POLITIQUE 155 (1829)). His influential novel, ADOLPHE (W. Andrew Oliver ed., St. Martin's Press 1968) (1816), remains a classic of romantic yearning and torn impulses. See Fontana, supra, at 1-42. It might be well to recall, however, Tocqueville's conclusion in ALEXIS DE TOCQUEVILLE, DEMOCRACY IN AMERICA 704 (J.P. Mayer ed., Anchor Books 1969) (1850), when comparing the generosity and aristocratic honor of the old regime with its unheroic revolutionary successor: "Equality may be less elevated, but it is more just, and in its justice lies its greatness and beauty."
15. The trend toward equality at the mid-nineteenth century appeared to prescient observers to be irresistible, but that in itself was no reason to be pleased. Mill shared with Tocqueville an anxious apprehension that the moral dangers certain to follow in the wake of this social transformation were matters of grave concern. See F.L. VAN HOLTHOON, THE ROAD TO UTOPIA: A STUDY OF JOHN STUART MILL'S SOCIAL THOUGHT 92-95 (1971). Benjamin Constant, whose part in the discussion of civil society will be considered subsequently, is perhaps one of the early authors (1767-1830), whose writings dramatize the unease and ambivalence toward life in a commercial/civil society. He recognized the irremediable force of social and economic change and the power of egalitarianism while fearing that modern life would suffocate "noble ideals and generous emotions." Biancamaria Fontana, Introduction to BENJAMIN CONSTANT, POLITICAL WRITINGS 25 (Biancamaria Fontana ed. & trans., 1988) (quoting Benjamin Constant, De M. Dunoyer et de quelques-uns de ses ouvrages, in MELANGES DE LITTERATURE ET POLITIQUE 155 (1829)). His influential novel, ADOLPHE (W. Andrew Oliver ed., St. Martin's Press 1968) (1816), remains a classic of romantic yearning and torn impulses. See Fontana, supra, at 1-42. It might be well to recall, however, Tocqueville's conclusion in ALEXIS DE TOCQUEVILLE, DEMOCRACY IN AMERICA 704 (J.P. Mayer ed., Anchor Books 1969) (1850), when comparing the generosity and aristocratic honor of the old regime with its unheroic revolutionary successor: "Equality may be less elevated, but it is more just, and in its justice lies its greatness and beauty."
16. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT AND DISCOURSES (G.D.H. Cole ed. & trans., J.M. Dent & Sons Ltd. 1973) (1762). The oft-repeated charge by Jacob L. Talmon in J.L. TALMON, THE ORIGINS OF TOTALITARIAN DEMOCRACY 40-49 (1952) that Rousseau was the very embodiment of the "esprit révolutionnaire" is surely exaggerated. Even a cursory reading of Rousseau's writings discloses that he condemned revolution and those who plotted it. ARTHUR M. MELZER, THE NATURAL GOODNESS OF MAN: ON THE SYSTEM OF ROUSSEAU'S THOUGHT 262-65 (1990). Even Edmund Burke, his contemporary adversary, did not believe that Rousseau desired revolution. However, it is necessary to acknowledge his advocacy of the surrender of all "natural liberty" to a community whose authority was to be sovereign. His attack against civil society was the most systematic of all eighteenth-century literati. Works on the Revolution of 1848 are legion, but see, especially, Theodore S. Hamerow, 1848, in THE RESPONSIBILITY OF POWER: HISTORICAL ESSAYS IN HONOR OF HAJO HOLBORN 145-61 (Leonard Krieger & Fritz Stern eds., 1967) (1848). Count Cavour of Piedmont, the future architect of Italian unification, placed his finger on the weakness of revolutionary zeal. This he did two years before the Revolution of 1848: "If the social order were genuinely menaced, if the great principles on which it rests were to be at serious risk, then many of the most determined oppositionists, the most enthusiastic republicans, would be, we are convinced, the first to join the ranks of the conservative party." E.J. HOBSBAWM, THE AGE OF CAPITAL 1848-1875, at 15 (1975) (quoting Count Cavour of Piedmont). For an unblinkered analysis of the damage done by the Bolshevik Revolution of 1917, see the recent work of RICHARD PIPES, A CONCISE HISTORY OF THE RUSSIAN REVOLUTION (1995), as well as his standard work, RICHARD PIPES, RUSSIAN REVOLUTION (Vintage Books 1991) (1990).
17. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT AND DISCOURSES (G.D.H. Cole ed. & trans., J.M. Dent & Sons Ltd. 1973) (1762). The oft-repeated charge by Jacob L. Talmon in J.L. TALMON, THE ORIGINS OF TOTALITARIAN DEMOCRACY 40-49 (1952) that Rousseau was the very embodiment of the "esprit révolutionnaire" is surely exaggerated. Even a cursory reading of Rousseau's writings discloses that he condemned revolution and those who plotted it. ARTHUR M. MELZER, THE NATURAL GOODNESS OF MAN: ON THE SYSTEM OF ROUSSEAU'S THOUGHT 262-65 (1990). Even Edmund Burke, his contemporary adversary, did not believe that Rousseau desired revolution. However, it is necessary to acknowledge his advocacy of the surrender of all "natural liberty" to a community whose authority was to be sovereign. His attack against civil society was the most systematic of all eighteenth-century literati. Works on the Revolution of 1848 are legion, but see, especially, Theodore S. Hamerow, 1848, in THE RESPONSIBILITY OF POWER: HISTORICAL ESSAYS IN HONOR OF HAJO HOLBORN 145-61 (Leonard Krieger & Fritz Stern eds., 1967) (1848). Count Cavour of Piedmont, the future architect of Italian unification, placed his finger on the weakness of revolutionary zeal. This he did two years before the Revolution of 1848: "If the social order were genuinely menaced, if the great principles on which it rests were to be at serious risk, then many of the most determined oppositionists, the most enthusiastic republicans, would be, we are convinced, the first to join the ranks of the conservative party." E.J. HOBSBAWM, THE AGE OF CAPITAL 1848-1875, at 15 (1975) (quoting Count Cavour of Piedmont). For an unblinkered analysis of the damage done by the Bolshevik Revolution of 1917, see the recent work of RICHARD PIPES, A CONCISE HISTORY OF THE RUSSIAN REVOLUTION (1995), as well as his standard work, RICHARD PIPES, RUSSIAN REVOLUTION (Vintage Books 1991) (1990).
18. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT AND DISCOURSES (G.D.H. Cole ed. & trans., J.M. Dent & Sons Ltd. 1973) (1762). The oft-repeated charge by Jacob L. Talmon in J.L. TALMON, THE ORIGINS OF TOTALITARIAN DEMOCRACY 40-49 (1952) that Rousseau was the very embodiment of the "esprit révolutionnaire" is surely exaggerated. Even a cursory reading of Rousseau's writings discloses that he condemned revolution and those who plotted it. ARTHUR M. MELZER, THE NATURAL GOODNESS OF MAN: ON THE SYSTEM OF ROUSSEAU'S THOUGHT 262-65 (1990). Even Edmund Burke, his contemporary adversary, did not believe that Rousseau desired revolution. However, it is necessary to acknowledge his advocacy of the surrender of all "natural liberty" to a community whose authority was to be sovereign. His attack against civil society was the most systematic of all eighteenth-century literati. Works on the Revolution of 1848 are legion, but see, especially, Theodore S. Hamerow, 1848, in THE RESPONSIBILITY OF POWER: HISTORICAL ESSAYS IN HONOR OF HAJO HOLBORN 145-61 (Leonard Krieger & Fritz Stern eds., 1967) (1848). Count Cavour of Piedmont, the future architect of Italian unification, placed his finger on the weakness of revolutionary zeal. This he did two years before the Revolution of 1848: "If the social order were genuinely menaced, if the great principles on which it rests were to be at serious risk, then many of the most determined oppositionists, the most enthusiastic republicans, would be, we are convinced, the first to join the ranks of the conservative party." E.J. HOBSBAWM, THE AGE OF CAPITAL 1848-1875, at 15 (1975) (quoting Count Cavour of Piedmont). For an unblinkered analysis of the damage done by the Bolshevik Revolution of 1917, see the recent work of RICHARD PIPES, A CONCISE HISTORY OF THE RUSSIAN REVOLUTION (1995), as well as his standard work, RICHARD PIPES, RUSSIAN REVOLUTION (Vintage Books 1991) (1990).
19. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT AND DISCOURSES (G.D.H. Cole ed. & trans., J.M. Dent & Sons Ltd. 1973) (1762). The oft-repeated charge by Jacob L. Talmon in J.L. TALMON, THE ORIGINS OF TOTALITARIAN DEMOCRACY 40-49 (1952) that Rousseau was the very embodiment of the "esprit révolutionnaire" is surely exaggerated. Even a cursory reading of Rousseau's writings discloses that he condemned revolution and those who plotted it. ARTHUR M. MELZER, THE NATURAL GOODNESS OF MAN: ON THE SYSTEM OF ROUSSEAU'S THOUGHT 262-65 (1990). Even Edmund Burke, his contemporary adversary, did not believe that Rousseau desired revolution. However, it is necessary to acknowledge his advocacy of the surrender of all "natural liberty" to a community whose authority was to be sovereign. His attack against civil society was the most systematic of all eighteenth-century literati. Works on the Revolution of 1848 are legion, but see, especially, Theodore S. Hamerow, 1848, in THE RESPONSIBILITY OF POWER: HISTORICAL ESSAYS IN HONOR OF HAJO HOLBORN 145-61 (Leonard Krieger & Fritz Stern eds., 1967) (1848). Count Cavour of Piedmont, the future architect of Italian unification, placed his finger on the weakness of revolutionary zeal. This he did two years before the Revolution of 1848: "If the social order were genuinely menaced, if the great principles on which it rests were to be at serious risk, then many of the most determined oppositionists, the most enthusiastic republicans, would be, we are convinced, the first to join the ranks of the conservative party." E.J. HOBSBAWM, THE AGE OF CAPITAL 1848-1875, at 15 (1975) (quoting Count Cavour of Piedmont). For an unblinkered analysis of the damage done by the Bolshevik Revolution of 1917, see the recent work of RICHARD PIPES, A CONCISE HISTORY OF THE RUSSIAN REVOLUTION (1995), as well as his standard work, RICHARD PIPES, RUSSIAN REVOLUTION (Vintage Books 1991) (1990).
20. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT AND DISCOURSES (G.D.H. Cole ed. & trans., J.M. Dent & Sons Ltd. 1973) (1762). The oft-repeated charge by Jacob L. Talmon in J.L. TALMON, THE ORIGINS OF TOTALITARIAN DEMOCRACY 40-49 (1952) that Rousseau was the very embodiment of the "esprit révolutionnaire" is surely exaggerated. Even a cursory reading of Rousseau's writings discloses that he condemned revolution and those who plotted it. ARTHUR M. MELZER, THE NATURAL GOODNESS OF MAN: ON THE SYSTEM OF ROUSSEAU'S THOUGHT 262-65 (1990). Even Edmund Burke, his contemporary adversary, did not believe that Rousseau desired revolution. However, it is necessary to acknowledge his advocacy of the surrender of all "natural liberty" to a community whose authority was to be sovereign. His attack against civil society was the most systematic of all eighteenth-century literati. Works on the Revolution of 1848 are legion, but see, especially, Theodore S. Hamerow, 1848, in THE RESPONSIBILITY OF POWER: HISTORICAL ESSAYS IN HONOR OF HAJO HOLBORN 145-61 (Leonard Krieger & Fritz Stern eds., 1967) (1848). Count Cavour of Piedmont, the future architect of Italian unification, placed his finger on the weakness of revolutionary zeal. This he did two years before the Revolution of 1848: "If the social order were genuinely menaced, if the great principles on which it rests were to be at serious risk, then many of the most determined oppositionists, the most enthusiastic republicans, would be, we are convinced, the first to join the ranks of the conservative party." E.J. HOBSBAWM, THE AGE OF CAPITAL 1848-1875, at 15 (1975) (quoting Count Cavour of Piedmont). For an unblinkered analysis of the damage done by the Bolshevik Revolution of 1917, see the recent work of RICHARD PIPES, A CONCISE HISTORY OF THE RUSSIAN REVOLUTION (1995), as well as his standard work, RICHARD PIPES, RUSSIAN REVOLUTION (Vintage Books 1991) (1990).
21. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT AND DISCOURSES (G.D.H. Cole ed. & trans., J.M. Dent & Sons Ltd. 1973) (1762). The oft-repeated charge by Jacob L. Talmon in J.L. TALMON, THE ORIGINS OF TOTALITARIAN DEMOCRACY 40-49 (1952) that Rousseau was the very embodiment of the "esprit révolutionnaire" is surely exaggerated. Even a cursory reading of Rousseau's writings discloses that he condemned revolution and those who plotted it. ARTHUR M. MELZER, THE NATURAL GOODNESS OF MAN: ON THE SYSTEM OF ROUSSEAU'S THOUGHT 262-65 (1990). Even Edmund Burke, his contemporary adversary, did not believe that Rousseau desired revolution. However, it is necessary to acknowledge his advocacy of the surrender of all "natural liberty" to a community whose authority was to be sovereign. His attack against civil society was the most systematic of all eighteenth-century literati. Works on the Revolution of 1848 are legion, but see, especially, Theodore S. Hamerow, 1848, in THE RESPONSIBILITY OF POWER: HISTORICAL ESSAYS IN HONOR OF HAJO HOLBORN 145-61 (Leonard Krieger & Fritz Stern eds., 1967) (1848). Count Cavour of Piedmont, the future architect of Italian unification, placed his finger on the weakness of revolutionary zeal. This he did two years before the Revolution of 1848: "If the social order were genuinely menaced, if the great principles on which it rests were to be at serious risk, then many of the most determined oppositionists, the most enthusiastic republicans, would be, we are convinced, the first to join the ranks of the conservative party." E.J. HOBSBAWM, THE AGE OF CAPITAL 1848-1875, at 15 (1975) (quoting Count Cavour of Piedmont). For an unblinkered analysis of the damage done by the Bolshevik Revolution of 1917, see the recent work of RICHARD PIPES, A CONCISE HISTORY OF THE RUSSIAN REVOLUTION (1995), as well as his standard work, RICHARD PIPES, RUSSIAN REVOLUTION (Vintage Books 1991) (1990).
22. JEAN-JACQUES ROUSSEAU, THE SOCIAL CONTRACT AND DISCOURSES (G.D.H. Cole ed. & trans., J.M. Dent & Sons Ltd. 1973) (1762). The oft-repeated charge by Jacob L. Talmon in J.L. TALMON, THE ORIGINS OF TOTALITARIAN DEMOCRACY 40-49 (1952) that Rousseau was the very embodiment of the "esprit révolutionnaire" is surely exaggerated. Even a cursory reading of Rousseau's writings discloses that he condemned revolution and those who plotted it. ARTHUR M. MELZER, THE NATURAL GOODNESS OF MAN: ON THE SYSTEM OF ROUSSEAU'S THOUGHT 262-65 (1990). Even Edmund Burke, his contemporary adversary, did not believe that Rousseau desired revolution. However, it is necessary to acknowledge his advocacy of the surrender of all "natural liberty" to a community whose authority was to be sovereign. His attack against civil society was the most systematic of all eighteenth-century literati. Works on the Revolution of 1848 are legion, but see, especially, Theodore S. Hamerow, 1848, in THE RESPONSIBILITY OF POWER: HISTORICAL ESSAYS IN HONOR OF HAJO HOLBORN 145-61 (Leonard Krieger & Fritz Stern eds., 1967) (1848). Count Cavour of Piedmont, the future architect of Italian unification, placed his finger on the weakness of revolutionary zeal. This he did two years before the Revolution of 1848: "If the social order were genuinely menaced, if the great principles on which it rests were to be at serious risk, then many of the most determined oppositionists, the most enthusiastic republicans, would be, we are convinced, the first to join the ranks of the conservative party." E.J. HOBSBAWM, THE AGE OF CAPITAL 1848-1875, at 15 (1975) (quoting Count Cavour of Piedmont). For an unblinkered analysis of the damage done by the Bolshevik Revolution of 1917, see the recent work of RICHARD PIPES, A CONCISE HISTORY OF THE RUSSIAN REVOLUTION (1995), as well as his standard work, RICHARD PIPES, RUSSIAN REVOLUTION (Vintage Books 1991) (1990).
23. E.J. Hobsbawm presents a thoughtful summary of economic data on the global economy and its economic consequences in an excellent chapter entitled, The Crisis Decades, E.J. HOBSBAWM, THE AGE OF EXTREMES: A HISTORY OF THE WORLD, 1914-1991, at 403-32 (1994). For bibliography and commentary on Eastern Europe and the events of 1989, see Vassily Arsynov et al., 59 PARTISAN REV. 525-751 (1992) and John Gray, Post-Totalitarianism, Civil Society, and the Limits of the Western Model, THE REEMERGENCE OF CIVIL SOCIETY IN EASTERN EUROPE AND THE SOVIET UNION 145-60 (Zbigniew Rau ed., 1991). For additional information, see BECKER, supra note 1, at xi-xxiii.
24. E.J. Hobsbawm presents a thoughtful summary of economic data on the global economy and its economic consequences in an excellent chapter entitled, The Crisis Decades, E.J. HOBSBAWM, THE AGE OF EXTREMES: A HISTORY OF THE WORLD, 1914-1991, at 403-32 (1994). For bibliography and commentary on Eastern Europe and the events of 1989, see Vassily Arsynov et al., 59 PARTISAN REV. 525-751 (1992) and John Gray, Post-Totalitarianism, Civil Society, and the Limits of the Western Model, THE REEMERGENCE OF CIVIL SOCIETY IN EASTERN EUROPE AND THE SOVIET UNION 145-60 (Zbigniew Rau ed., 1991). For additional information, see BECKER, supra note 1, at xi-xxiii.
25. E.J. Hobsbawm presents a thoughtful summary of economic data on the global economy and its economic consequences in an excellent chapter entitled, The Crisis Decades, E.J. HOBSBAWM, THE AGE OF EXTREMES: A HISTORY OF THE WORLD, 1914-1991, at 403-32 (1994). For bibliography and commentary on Eastern Europe and the events of 1989, see Vassily Arsynov et al., 59 PARTISAN REV. 525-751 (1992) and John Gray, Post-Totalitarianism, Civil Society, and the Limits of the Western Model, THE REEMERGENCE OF CIVIL SOCIETY IN EASTERN EUROPE AND THE SOVIET UNION 145-60 (Zbigniew Rau ed., 1991). For additional information, see BECKER, supra note 1, at xi-xxiii.
26. For a bleak account of the prospects of social democracy in contemporary Britain, see Seumas Milne, My Millbank, LONDON REV. BOOKS, Apr. 18, 1996, at 3, 5 (reviewing PETER MANDELSON & ROGER LIDDLE, THE BLAIR REVOLUTION: CAN NEW LABOUR DELIVER? (1996)). Both the reviewer and authors of the monograph are firm Labour supporters who acknowledge the benefits and irreversibility of the Thatcherite revolution. Labour's victory will be largely rhetorical rather than substantive. In Britain, France, Spain, Italy, and Australia, Social Democrats have given free rein to business and market forces, clinging only to an outdated radical vocabulary. What will be the fate of civil society with the shrinking of social entitlements? See Restoring Germany's Shine, THE ECONOMIST, May 4, 1996, at 11-12.
27. For a bleak account of the prospects of social democracy in contemporary Britain, see Seumas Milne, My Millbank, LONDON REV. BOOKS, Apr. 18, 1996, at 3, 5 (reviewing PETER MANDELSON & ROGER LIDDLE, THE BLAIR REVOLUTION: CAN NEW LABOUR DELIVER? (1996)). Both the reviewer and authors of the monograph are firm Labour supporters who acknowledge the benefits and irreversibility of the Thatcherite revolution. Labour's victory will be largely rhetorical rather than substantive. In Britain, France, Spain, Italy, and Australia, Social Democrats have given free rein to business and market forces, clinging only to an outdated radical vocabulary. What will be the fate of civil society with the shrinking of social entitlements? See Restoring Germany's Shine, THE ECONOMIST, May 4, 1996, at 11-12.
28. For a bleak account of the prospects of social democracy in contemporary Britain, see Seumas Milne, My Millbank, LONDON REV. BOOKS, Apr. 18, 1996, at 3, 5 (reviewing PETER MANDELSON & ROGER LIDDLE, THE BLAIR REVOLUTION: CAN NEW LABOUR DELIVER? (1996)). Both the reviewer and authors of the monograph are firm Labour supporters who acknowledge the benefits and irreversibility of the Thatcherite revolution. Labour's victory will be largely rhetorical rather than substantive. In Britain, France, Spain, Italy, and Australia, Social Democrats have given free rein to business and market forces, clinging only to an outdated radical vocabulary. What will be the fate of civil society with the shrinking of social entitlements? See Restoring Germany's Shine, THE ECONOMIST, May 4, 1996, at 11-12.
29. It should be noted that the drive for industrialization was sponsored, in critical instances by the state, principally for its own military security. See GAUTAM SEN, THE MILITARY ORIGINS OF INDUSTRIALISATION AND INTERNATIONAL TRADE RIVALRY 64-213 (1984). In Germany and Russia, late industrialization made it difficult for these nations to face international competition, thus state intervention. It was necessary to create ties between state, bureaucracy, banks, and industry. The aspiration of liberals that the market, if unhindered, would produce political order, if not harmony, was thereby thwarted.
30. For Edmund Burke's views on political parties, see EDMUND BURKE, THE PHILOSOPHY OF EDMUND BURKE 132-38 (Louis I. Bredvold & Ralph G. Ross eds., 1960). On Hume and Burke, see Donald W. Livingston, Hume, English Barbarism and American Independence, in SCOTLAND AND AMERICA IN THE AGE OF THE ENLIGHTENMENT 133-47 (Richard B. Sher & Jeffrey R. Smitten eds., 1990). (I wish to thank my graduate student, John Goodrich, for sharing his thoughts with me on the political philosophy of Burke and his critics.)
31. For Edmund Burke's views on political parties, see EDMUND BURKE, THE PHILOSOPHY OF EDMUND BURKE 132-38 (Louis I. Bredvold & Ralph G. Ross eds., 1960). On Hume and Burke, see Donald W. Livingston, Hume, English Barbarism and American Independence, in SCOTLAND AND AMERICA IN THE AGE OF THE ENLIGHTENMENT 133-47 (Richard B. Sher & Jeffrey R. Smitten eds., 1990). (I wish to thank my graduate student, John Goodrich, for sharing his thoughts with me on the political philosophy of Burke and his critics.)
32. For a valuable discussion on the prospects for the durability of civil society, see Adam B. Seligman, Animadversions upon Civil Society and Civic Virtue in the Last Decade of the Twentieth Century, in CIVIL SOCIETY: THEORY, HISTORY, COMPARISON 200-23 (John A. Hall ed., 1995). In recent literature the tendency has been to emphasize that the law in civil society is a bargain struck between the state and its citizens: the latter agree to abide by the rules, and the state concurs that it will administer them properly. General interpretations of labor relations follow a similar course; in fact, differences in national labor history have been attributed to the failure of governments to recognize the value of bargaining as a means of avoiding syndicalist and anarchist labor conflict. See SELIGMAN, supra note 3, at 105-06. There is a tendency for social conservatives to elevate the role of culture and the mechanisms of civil society (its voluntary forms of association), while ignoring the decisive impact of state policy on facilitating bargaining and compromise between competing interest groups.
33. ADAM SMITH, AN INQUIRY INTO THE NATURE AND CAUSES OF THE WEALTH OF NATIONS (Roy H. Campbell & Andrew S. Skinner eds., Clarendon Press 1976) (London 1776).
34. JEAN JONES, MORALS, MOTIVES & MARKETS: ADAM SMITH 1723-1790, at 29 (1990) (quoting SMITH, supra note 12, at 22).
35. For a discussion of this quotation from Adam Smith, as well as other aspects of his thought, see the well-documented and illustrated publication, Morals, Motives & Markets: Adam Smith 1723-1790. Id. at 28 (quoting SMITH, supra note 12, at 22). On the genesis of the concept of the division of labor, dating back to SIR WILLIAM PETTY, POLITICAL ARITHMETICK (London 1690), through Smith's teachers, Francis Hutcheson and Adam Ferguson, see JANE RENDALL, THE ORIGINS OF THE SCOTTISH ENLIGHTENMENT 176-78 (1978).
36. For a discussion of this quotation from Adam Smith, as well as other aspects of his thought, see the well-documented and illustrated publication, Morals, Motives & Markets: Adam Smith 1723-1790. Id. at 28 (quoting SMITH, supra note 12, at 22). On the genesis of the concept of the division of labor, dating back to SIR WILLIAM PETTY, POLITICAL ARITHMETICK (London 1690), through Smith's teachers, Francis Hutcheson and Adam Ferguson, see JANE RENDALL, THE ORIGINS OF THE SCOTTISH ENLIGHTENMENT 176-78 (1978).
37. For a discussion of this quotation from Adam Smith, as well as other aspects of his thought, see the well-documented and illustrated publication, Morals, Motives & Markets: Adam Smith 1723-1790. Id. at 28 (quoting SMITH, supra note 12, at 22). On the genesis of the concept of the division of labor, dating back to SIR WILLIAM PETTY, POLITICAL ARITHMETICK (London 1690), through Smith's teachers, Francis Hutcheson and Adam Ferguson, see JANE RENDALL, THE ORIGINS OF THE SCOTTISH ENLIGHTENMENT 176-78 (1978).
38. A notice appeared in the March 15, 1996 issue of the Times Literary Supplement that MICHAEL OAKESHOTT, THE POLITICS OF FAITH AND THE POLITICS OF SCEPTICISM (Timothy Fuller ed., 1996) would be published in April of 1996. Introduction to Michael Oakeshott, The Fortunes of Scepticism: Dispersal of Power and the Traditions of English Politics, TIMES LITERARY SUPPLEMENT, Mar. 15, 1996, at 14. Oakeshott's On Human Conduct has a strong Burkean charge. MICHAEL OAKESHOTT, ON HUMAN CONDUCT (1975). Burke believed that there were absolute standards of morality which even God could not alter; in fact, defining them was a difficult and bootless human task. Burke repudiated the notion of original sin, while willingly affirming the limitations of reason. Still, he believed that there was enough good in the individual to enable humankind to make the world just a bit better.
39. A notice appeared in the March 15, 1996 issue of the Times Literary Supplement that MICHAEL OAKESHOTT, THE POLITICS OF FAITH AND THE POLITICS OF SCEPTICISM (Timothy Fuller ed., 1996) would be published in April of 1996. Introduction to Michael Oakeshott, The Fortunes of Scepticism: Dispersal of Power and the Traditions of English Politics, TIMES LITERARY SUPPLEMENT, Mar. 15, 1996, at 14. Oakeshott's On Human Conduct has a strong Burkean charge. MICHAEL OAKESHOTT, ON HUMAN CONDUCT (1975). Burke believed that there were absolute standards of morality which even God could not alter; in fact, defining them was a difficult and bootless human task. Burke repudiated the notion of original sin, while willingly affirming the limitations of reason. Still, he believed that there was enough good in the individual to enable humankind to make the world just a bit better.
40. A notice appeared in the March 15, 1996 issue of the Times Literary Supplement that MICHAEL OAKESHOTT, THE POLITICS OF FAITH AND THE POLITICS OF SCEPTICISM (Timothy Fuller ed., 1996) would be published in April of 1996. Introduction to Michael Oakeshott, The Fortunes of Scepticism: Dispersal of Power and the Traditions of English Politics, TIMES LITERARY SUPPLEMENT, Mar. 15, 1996, at 14. Oakeshott's On Human Conduct has a strong Burkean charge. MICHAEL OAKESHOTT, ON HUMAN CONDUCT (1975). Burke believed that there were absolute standards of morality which even God could not alter; in fact, defining them was a difficult and bootless human task. Burke repudiated the notion of original sin, while willingly affirming the limitations of reason. Still, he believed that there was enough good in the individual to enable humankind to make the world just a bit better.
41. See DAVID ALLAN, VIRTUE, LEARNING AND THE SCOTTISH ENLIGHTENMENT: IDEAS OF SCHOLARSHIP IN EARLY MODERN SCOTLAND 29-58 (1993).
42. JOHN PLAMENATZ, MAN AND SOCIETY (1963).
43. See The Oxford English Dictionary under "enthusiasm" for the change in meaning from the seventeenth to eighteenth centuries. 3 PHILOLOGICAL SOC'Y, THE OXFORD ENGLISH DICTIONARY 215-16 (1933).
44. See RENDALL, supra note 14, at 181-205.
45. MONTESQUIEU, supra note 1.
46. A translation of The Spirit of the Laws from French into English was available in 1749 and was widely read by Scottish literati.
47. For a consideration of Montesquieu's influence on Scottish literati, see BECKER, supra note 1, at 60-75, 105-08. For an example of Montesquieu's favorable views on commercial society, see MONTESQUIEU, supra note 1: True is it that when a democracy is founded on commerce, private people may acquire vast riches without a corruption of morals. This is because the spirit of commerce is naturally attended with that of frugality, economy, moderation, labour, prudence, tranquillity, order, and rule. So long as this spirit subsists, the riches it produces have no bad effect. Id. at 46. John Dunn's The Political Thought of John Locke is a thoughtful explication of the philosopher's religious sensibility. JOHN DUNN, THE POLITICAL THOUGHT OF JOHN LOCKE (1969). Hugh Trevor-Roper's The Scottish Enlightenment, discusses foreign influences and the dynamics of civic humanism on Scottish literary culture. Hugh Trevor-Roper, The Scottish Enlightenment, in STUD. VOLTAIRE & EIGHTEENTH CENTURY 1635-58 (Theodore Besterman ed., 1967). For a thoughtful study of the impact of the abortion debate, see FAYE GINSBERG, CONTESTED LIVES: THE ABORTION DEBATE IN A CONTESTED COMMUNITY (1989).
48. For a consideration of Montesquieu's influence on Scottish literati, see BECKER, supra note 1, at 60-75, 105-08. For an example of Montesquieu's favorable views on commercial society, see MONTESQUIEU, supra note 1: True is it that when a democracy is founded on commerce, private people may acquire vast riches without a corruption of morals. This is because the spirit of commerce is naturally attended with that of frugality, economy, moderation, labour, prudence, tranquillity, order, and rule. So long as this spirit subsists, the riches it produces have no bad effect. Id. at 46. John Dunn's The Political Thought of John Locke is a thoughtful explication of the philosopher's religious sensibility. JOHN DUNN, THE POLITICAL THOUGHT OF JOHN LOCKE (1969). Hugh Trevor-Roper's The Scottish Enlightenment, discusses foreign influences and the dynamics of civic humanism on Scottish literary culture. Hugh Trevor-Roper, The Scottish Enlightenment, in STUD. VOLTAIRE & EIGHTEENTH CENTURY 1635-58 (Theodore Besterman ed., 1967). For a thoughtful study of the impact of the abortion debate, see FAYE GINSBERG, CONTESTED LIVES: THE ABORTION DEBATE IN A CONTESTED COMMUNITY (1989).
49. For a consideration of Montesquieu's influence on Scottish literati, see BECKER, supra note 1, at 60-75, 105-08. For an example of Montesquieu's favorable views on commercial society, see MONTESQUIEU, supra note 1: True is it that when a democracy is founded on commerce, private people may acquire vast riches without a corruption of morals. This is because the spirit of commerce is naturally attended with that of frugality, economy, moderation, labour, prudence, tranquillity, order, and rule. So long as this spirit subsists, the riches it produces have no bad effect. Id. at 46. John Dunn's The Political Thought of John Locke is a thoughtful explication of the philosopher's religious sensibility. JOHN DUNN, THE POLITICAL THOUGHT OF JOHN LOCKE (1969). Hugh Trevor-Roper's The Scottish Enlightenment, discusses foreign influences and the dynamics of civic humanism on Scottish literary culture. Hugh Trevor-Roper, The Scottish Enlightenment, in STUD. VOLTAIRE & EIGHTEENTH CENTURY 1635-58 (Theodore Besterman ed., 1967). For a thoughtful study of the impact of the abortion debate, see FAYE GINSBERG, CONTESTED LIVES: THE ABORTION DEBATE IN A CONTESTED COMMUNITY (1989).
50. DANIEL GORDON, CITIZENS WITHOUT SOVEREIGNTY: EQUALITY AND SOCIABILITY IN FRENCH THOUGHT, 1670-1789 (1994) (making a comparison of French views of civil society and their Scottish contemporaries).
51. GUSTAVE FLAUBERT, SENTIMENTAL EDUCATION (Robert Baldick trans., Penguin Books 1964) (1869).
52. Jürgen Habermas's The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society is a work that has promoted a veritable growth industry of research and scholarship. JÜRGEN HABERMAS, THE STRUCTURAL TRANSFORMATION OF THE PUBLIC SPHERE: AN INQUIRY INTO A CATEGORY OF BOURGEOIS SOCIETY (Thomas Burger & Frederick Lawrence trans., MIT Press 1989) (1962). For an incisive appraisal of its strengths and limitations, see Anthony J. La Vopa, Conceiving a Public: Ideas and Society in Eighteenth-Century Europe, 64 J. MOD. HIST. 79-116 (1992). Habermas's critique of capitalism in the West in the nineteenth and twentieth centuries is heightened by his comparison of these later times with an idyllic version of civil and civic society in the eighteenth century with its public values and ideals. See COLIN HAYDON, ANTI-CATHOLICISM IN EIGHTEENTH-CENTURY ENGLAND, C. 1714-80: A POLITICAL AND SOCIAL STUDY 37-39, 91-92 (1993).
53. Jürgen Habermas's The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society is a work that has promoted a veritable growth industry of research and scholarship. JÜRGEN HABERMAS, THE STRUCTURAL TRANSFORMATION OF THE PUBLIC SPHERE: AN INQUIRY INTO A CATEGORY OF BOURGEOIS SOCIETY (Thomas Burger & Frederick Lawrence trans., MIT Press 1989) (1962). For an incisive appraisal of its strengths and limitations, see Anthony J. La Vopa, Conceiving a Public: Ideas and Society in Eighteenth-Century Europe, 64 J. MOD. HIST. 79-116 (1992). Habermas's critique of capitalism in the West in the nineteenth and twentieth centuries is heightened by his comparison of these later times with an idyllic version of civil and civic society in the eighteenth century with its public values and ideals. See COLIN HAYDON, ANTI-CATHOLICISM IN EIGHTEENTH-CENTURY ENGLAND, C. 1714-80: A POLITICAL AND SOCIAL STUDY 37-39, 91-92 (1993).
54. Jürgen Habermas's The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society is a work that has promoted a veritable growth industry of research and scholarship. JÜRGEN HABERMAS, THE STRUCTURAL TRANSFORMATION OF THE PUBLIC SPHERE: AN INQUIRY INTO A CATEGORY OF BOURGEOIS SOCIETY (Thomas Burger & Frederick Lawrence trans., MIT Press 1989) (1962). For an incisive appraisal of its strengths and limitations, see Anthony J. La Vopa, Conceiving a Public: Ideas and Society in Eighteenth-Century Europe, 64 J. MOD. HIST. 79-116 (1992). Habermas's critique of capitalism in the West in the nineteenth and twentieth centuries is heightened by his comparison of these later times with an idyllic version of civil and civic society in the eighteenth century with its public values and ideals. See COLIN HAYDON, ANTI-CATHOLICISM IN EIGHTEENTH-CENTURY ENGLAND, C. 1714-80: A POLITICAL AND SOCIAL STUDY 37-39, 91-92 (1993).
55. Mill's advocacy of voluntary forms of association and the need for spontaneous forms of action led him to contend that even elementary education under state sponsorship had serious defects: "It is not endurable that a government should either de jure or de facto, have a complete control over the education of the people." 2 JOHN STUART MILL, PRINCIPLES OF POLITICAL ECONOMY WITH SOME OF THEIR APPLICATIONS TO SOCIAL PHILOSOPHY 577 (New York, D. Appleton & Co., 5th ed. 1864). The question can be raised as to whether Mill was in favor of pluralism at a time when support for this idea was entirely limited. See HOLTHOON, supra note 5, at 126.
56. On the subject of romanticizing intermediate forms of voluntary association, from bowling clubs to choral groups, see Fareed Zakaria's witty and incisive review of Francis Fukuyama's Trust. Fareed Zakaria, Bigger Than the Family, Smaller Than the State: Are Voluntary Groups What Make Countries Work?, N.Y. TIMES BOOK REV., Aug. 13, 1995, at 1 (reviewing FRANCIS FUKUYAMA, TRUST: THE SOCIAL VIRTUES AND THE CREATION OF PROSPERITY (1995)).
57. On the subject of romanticizing intermediate forms of voluntary association, from bowling clubs to choral groups, see Fareed Zakaria's witty and incisive review of Francis Fukuyama's Trust. Fareed Zakaria, Bigger Than the Family, Smaller Than the State: Are Voluntary Groups What Make Countries Work?, N.Y. TIMES BOOK REV., Aug. 13, 1995, at 1 (reviewing FRANCIS FUKUYAMA, TRUST: THE SOCIAL VIRTUES AND THE CREATION OF PROSPERITY (1995)).
58. BECKER, supra note 1.
59. David Bromwich's review of Mary Wollstonecraft's Mary and Maria discusses the importance of the repudiation of archaic forms of dependency in the author's writing. David Bromwich, Narcissus and Cain, LONDON REV. BOOKS, Aug. 6, 1992, at 14 (reviewing MARY WOLLSTONECRAFT, MARY (1788) and MARIA (1798) (Janet Todd ed., Pickering and Chatto 1991)); see also VIRGINIA SAPIRO, A VINDICATION OF POLITICAL VIRTUE: THE POLITICAL THEORY OF MARY WOLLSTONECRAFT 77-116 (1992). For Burke's views on the "new morality of France and Rousseau," see BURKE, supra note 10, at 246-55. The true villain in Rousseau's analysis provoking social damage is "personal dependence." This has been obscured by excessive emphasis upon amour propre. See CAROL BLUM, ROUSSEAU AND THE REPUBLIC OF VIRTUE: THE LANGUAGE OF POLITICS IN THE FRENCH REVOLUTION (1986).
60. David Bromwich's review of Mary Wollstonecraft's Mary and Maria discusses the importance of the repudiation of archaic forms of dependency in the author's writing. David Bromwich, Narcissus and Cain, LONDON REV. BOOKS, Aug. 6, 1992, at 14 (reviewing MARY WOLLSTONECRAFT, MARY (1788) and MARIA (1798) (Janet Todd ed., Pickering and Chatto 1991)); see also VIRGINIA SAPIRO, A VINDICATION OF POLITICAL VIRTUE: THE POLITICAL THEORY OF MARY WOLLSTONECRAFT 77-116 (1992). For Burke's views on the "new morality of France and Rousseau," see BURKE, supra note 10, at 246-55. The true villain in Rousseau's analysis provoking social damage is "personal dependence." This has been obscured by excessive emphasis upon amour propre. See CAROL BLUM, ROUSSEAU AND THE REPUBLIC OF VIRTUE: THE LANGUAGE OF POLITICS IN THE FRENCH REVOLUTION (1986).
61. David Bromwich's review of Mary Wollstonecraft's Mary and Maria discusses the importance of the repudiation of archaic forms of dependency in the author's writing. David Bromwich, Narcissus and Cain, LONDON REV. BOOKS, Aug. 6, 1992, at 14 (reviewing MARY WOLLSTONECRAFT, MARY (1788) and MARIA (1798) (Janet Todd ed., Pickering and Chatto 1991)); see also VIRGINIA SAPIRO, A VINDICATION OF POLITICAL VIRTUE: THE POLITICAL THEORY OF MARY WOLLSTONECRAFT 77-116 (1992). For Burke's views on the "new morality of France and Rousseau," see BURKE, supra note 10, at 246-55. The true villain in Rousseau's analysis provoking social damage is "personal dependence." This has been obscured by excessive emphasis upon amour propre. See CAROL BLUM, ROUSSEAU AND THE REPUBLIC OF VIRTUE: THE LANGUAGE OF POLITICS IN THE FRENCH REVOLUTION (1986).
62. David Bromwich's review of Mary Wollstonecraft's Mary and Maria discusses the importance of the repudiation of archaic forms of dependency in the author's writing. David Bromwich, Narcissus and Cain, LONDON REV. BOOKS, Aug. 6, 1992, at 14 (reviewing MARY WOLLSTONECRAFT, MARY (1788) and MARIA (1798) (Janet Todd ed., Pickering and Chatto 1991)); see also VIRGINIA SAPIRO, A VINDICATION OF POLITICAL VIRTUE: THE POLITICAL THEORY OF MARY WOLLSTONECRAFT 77-116 (1992). For Burke's views on the "new morality of France and Rousseau," see BURKE, supra note 10, at 246-55. The true villain in Rousseau's analysis provoking social damage is "personal dependence." This has been obscured by excessive emphasis upon amour propre. See CAROL BLUM, ROUSSEAU AND THE REPUBLIC OF VIRTUE: THE LANGUAGE OF POLITICS IN THE FRENCH REVOLUTION (1986).
63. The tragic failure of the French revolutionaries and their policies toward the Catholic church stand as stunning evidence against an abstract idea of secularization whose time will never come.
64. ROUSSEAU, supra note 6, at 194. An eccentric but riveting discussion of the intellectual links between Marx and Rousseau is presented in LOUIS ALTHUSSER, POLITICS AND HISTORY: MONTESQUIEU, ROUSSEAU, HEGEL AND MARX 113-86 (Ben Brewster trans., 1972). For other relevant passages from the writings of Rousseau, see ROUSSEAU supra note 6, at 191-203, 227. On the vexing subject of Rousseau's conception of the "General Will," see Judith Sklar's entry in the Dictionary of the History of Ideas. Judith Sklar, General Will, in 2 DICTIONARY OF THE HISTORY OF IDEAS 275-81 (1973). David Allan's Virtue, Learning and the Scottish Enlightenment provides a useful reminder of the persistent influence of the anti-rational bias of Calvinism and its emphasis on the role of unintended consequences in human affairs; he does, however, take the argument beyond its appropriate limits. See ALLAN, supra note 16.
65. ROUSSEAU, supra note 6, at 194. An eccentric but riveting discussion of the intellectual links between Marx and Rousseau is presented in LOUIS ALTHUSSER, POLITICS AND HISTORY: MONTESQUIEU, ROUSSEAU, HEGEL AND MARX 113-86 (Ben Brewster trans., 1972). For other relevant passages from the writings of Rousseau, see ROUSSEAU supra note 6, at 191-203, 227. On the vexing subject of Rousseau's conception of the "General Will," see Judith Sklar's entry in the Dictionary of the History of Ideas. Judith Sklar, General Will, in 2 DICTIONARY OF THE HISTORY OF IDEAS 275-81 (1973). David Allan's Virtue, Learning and the Scottish Enlightenment provides a useful reminder of the persistent influence of the anti-rational bias of Calvinism and its emphasis on the role of unintended consequences in human affairs; he does, however, take the argument beyond its appropriate limits. See ALLAN, supra note 16.
66. ROUSSEAU, supra note 6, at 194. An eccentric but riveting discussion of the intellectual links between Marx and Rousseau is presented in LOUIS ALTHUSSER, POLITICS AND HISTORY: MONTESQUIEU, ROUSSEAU, HEGEL AND MARX 113-86 (Ben Brewster trans., 1972). For other relevant passages from the writings of Rousseau, see ROUSSEAU supra note 6, at 191-203, 227. On the vexing subject of Rousseau's conception of the "General Will," see Judith Sklar's entry in the Dictionary of the History of Ideas. Judith Sklar, General Will, in 2 DICTIONARY OF THE HISTORY OF IDEAS 275-81 (1973). David Allan's Virtue, Learning and the Scottish Enlightenment provides a useful reminder of the persistent influence of the anti-rational bias of Calvinism and its emphasis on the role of unintended consequences in human affairs; he does, however, take the argument beyond its appropriate limits. See ALLAN, supra note 16.
67. M. BENJAMIN CONSTANT, PRINCIPES DE POLITIQUE (Paris, L'imprimerie de Hoquet 1815).
68. The "L" word, with its modern meaning, was coined precisely in this decade.
69. CONSTANT, supra note 5, at 309-28. See Adam Seligman's discussion of the relevance of Constant's ideas for an understanding of the politics of civil society in his Animadversions upon Civil Society. Seligman, supra note 11, at 200-01.
70. Principal among these was the premier historian, Francois Guizot, who served as minister in the government of Louis Phillipe (1830-48) and was the designer of essential educational reforms.
71. John Gray cites and discusses this passage by Constant in his Liberalism. JOHN GRAY, LIBERALISM 21 (2d ed. 1995).
72. Progressive and Whiggish interpretations of history sometimes fail to appreciate the difficulties and tensions implicit in displacing an aristocracy as guardians and custodians of ancient liberty with more representative parliamentary bodies. The shift from an aristocratic ethos to a more variegated and pluralistic political culture was a demanding and very uncertain journey that had not been undertaken since antiquity. Earlier systems of representation carried a heavy freight in favor of the registration of consent for policies and programs already formulated by the crown. Legislation in the modern sense was entirely exceptional. The pressure toward representative government was to some extent a consequence of the division of labor and specialization in all fields from culture to politics to commerce.
73. For the quotation from Rousseau and comments, see NORMAN HAMPSON, THE ENLIGHTENMENT: AN EVALUATION OF ITS ASSUMPTIONS, ATTITUDES AND VALUES 210 (Penguin Books 1990) (1968). FRANÇOIS FURET, PENSER LA RÉVOLUTION FRANÇAISE 88-101 (esp. 91) (1978), locates the roots of the Reign of Terror in debates of the National Assembly over representation and sovereignty during the years 1789 and 1790. Elizabeth L. Eisenstein offers a fair-minded critique of the Furet's scholarly preoccupations and reverence for the views of Alexis de Tocqueville in Elizabeth L. Eisenstein, Book Review, 99 AM. HIST. REV. 1323, 1323-24 (1994) (reviewing FRANÇOIS FURET, REVOLUTIONARY FRANCE 1770-1880 (1992)).
74. For the quotation from Rousseau and comments, see NORMAN HAMPSON, THE ENLIGHTENMENT: AN EVALUATION OF ITS ASSUMPTIONS, ATTITUDES AND VALUES 210 (Penguin Books 1990) (1968). FRANÇOIS FURET, PENSER LA RÉVOLUTION FRANÇAISE 88-101 (esp. 91) (1978), locates the roots of the Reign of Terror in debates of the National Assembly over representation and sovereignty during the years 1789 and 1790. Elizabeth L. Eisenstein offers a fair-minded critique of the Furet's scholarly preoccupations and reverence for the views of Alexis de Tocqueville in Elizabeth L. Eisenstein, Book Review, 99 AM. HIST. REV. 1323, 1323-24 (1994) (reviewing FRANÇOIS FURET, REVOLUTIONARY FRANCE 1770-1880 (1992)).
75. For the quotation from Rousseau and comments, see NORMAN HAMPSON, THE ENLIGHTENMENT: AN EVALUATION OF ITS ASSUMPTIONS, ATTITUDES AND VALUES 210 (Penguin Books 1990) (1968). FRANÇOIS FURET, PENSER LA RÉVOLUTION FRANÇAISE 88-101 (esp. 91) (1978), locates the roots of the Reign of Terror in debates of the National Assembly over representation and sovereignty during the years 1789 and 1790. Elizabeth L. Eisenstein offers a fair-minded critique of the Furet's scholarly preoccupations and reverence for the views of Alexis de Tocqueville in Elizabeth L. Eisenstein, Book Review, 99 AM. HIST. REV. 1323, 1323-24 (1994) (reviewing FRANÇOIS FURET, REVOLUTIONARY FRANCE 1770-1880 (1992)).
76. For the quotation from Rousseau and comments, see NORMAN HAMPSON, THE ENLIGHTENMENT: AN EVALUATION OF ITS ASSUMPTIONS, ATTITUDES AND VALUES 210 (Penguin Books 1990) (1968). FRANÇOIS FURET, PENSER LA RÉVOLUTION FRANÇAISE 88-101 (esp. 91) (1978), locates the roots of the Reign of Terror in debates of the National Assembly over representation and sovereignty during the years 1789 and 1790. Elizabeth L. Eisenstein offers a fair-minded critique of the Furet's scholarly preoccupations and reverence for the views of Alexis de Tocqueville in Elizabeth L. Eisenstein, Book Review, 99 AM. HIST. REV. 1323, 1323-24 (1994) (reviewing FRANÇOIS FURET, REVOLUTIONARY FRANCE 1770-1880 (1992)).
77. For a study of John Millar's influence on future leaders and statesmen (many of whom were former students), see WILLIAM C. LEHMANN, JOHN MILLAR OF GLASGOW, 1735-1801, at 35-42, 149-53 (1960). The role of lawyers is essential for understanding the subsequent history of civil society in nineteenth-century Britain. They played a leading part in the reforms initiated by parliamentary commissions and the courts. For France, see DAVID BELL, LAWYERS & CITIZENS: THE MAKING OF A POLITICAL ELITE IN OLD REGIME FRANCE (1994), which is a detailed examination of the French barristers at mid-eighteenth century operating in that territory between an absolute monarchy and an aggressive church to carve out a public sphere favorable to the development of a civil society. Discussions of the politics of welfare and the welfare state are legion, but for Scotland, see LINDSAY PATTERSON, THE AUTONOMY OF MODERN SCOTLAND 15-23, 108-69 (1994).
78. For a study of John Millar's influence on future leaders and statesmen (many of whom were former students), see WILLIAM C. LEHMANN, JOHN MILLAR OF GLASGOW, 1735-1801, at 35-42, 149-53 (1960). The role of lawyers is essential for understanding the subsequent history of civil society in nineteenth-century Britain. They played a leading part in the reforms initiated by parliamentary commissions and the courts. For France, see DAVID BELL, LAWYERS & CITIZENS: THE MAKING OF A POLITICAL ELITE IN OLD REGIME FRANCE (1994), which is a detailed examination of the French barristers at mid-eighteenth century operating in that territory between an absolute monarchy and an aggressive church to carve out a public sphere favorable to the development of a civil society. Discussions of the politics of welfare and the welfare state are legion, but for Scotland, see LINDSAY PATTERSON, THE AUTONOMY OF MODERN SCOTLAND 15-23, 108-69 (1994).
79. For a study of John Millar's influence on future leaders and statesmen (many of whom were former students), see WILLIAM C. LEHMANN, JOHN MILLAR OF GLASGOW, 1735-1801, at 35-42, 149-53 (1960). The role of lawyers is essential for understanding the subsequent history of civil society in nineteenth-century Britain. They played a leading part in the reforms initiated by parliamentary commissions and the courts. For France, see DAVID BELL, LAWYERS & CITIZENS: THE MAKING OF A POLITICAL ELITE IN OLD REGIME FRANCE (1994), which is a detailed examination of the French barristers at mid-eighteenth century operating in that territory between an absolute monarchy and an aggressive church to carve out a public sphere favorable to the development of a civil society. Discussions of the politics of welfare and the welfare state are legion, but for Scotland, see LINDSAY PATTERSON, THE AUTONOMY OF MODERN SCOTLAND 15-23, 108-69 (1994).
80. On the topic of William Wordsworth's growing admiration for Edmund Burke, see JAMES CHANDLER, WORDSWORTH'S SECOND NATURE: A STUDY OF POETRY AND POLITICS 216-31 (1984). Anthony Quinton, in his Political Philosophy, in THE OXFORD HISTORY OF WESTERN PHILOSOPHY 235 (Anthony Kenny ed., 1994), considers the implications of the poet's celebration of Burke's views on culture and society.
81. On the topic of William Wordsworth's growing admiration for Edmund Burke, see JAMES CHANDLER, WORDSWORTH'S SECOND NATURE: A STUDY OF POETRY AND POLITICS 216-31 (1984). Anthony Quinton, in his Political Philosophy, in THE OXFORD HISTORY OF WESTERN PHILOSOPHY 235 (Anthony Kenny ed., 1994), considers the implications of the poet's celebration of Burke's views on culture and society.
82. ADAM SMITH, THEORY OF MORAL SENTIMEMTS (D.D. Raphael & A.L. Macfie eds., 1976) (1759).
83. In the first edition of The Theory of Moral Sentiments, sympathy and approbation were described as "the compelling drives for all the toil and bustle of the world . . . the end of avarice and ambition, of the pursuit of wealth." For Smith the community was "a mirror" in which the individual could assess his or her behavior. See id. at 100 and Introduction by Raphael; BECKER, supra note 1, at 34-37.
84. FRANCIS P. CANAVAN, THE POLITICAL REASON OF EDMUND BURKE 65-66 (1960). For the essential writings of Burke on religious matters, see BURKE, supra note 10, at 104-12. On the general question of the superior wisdom embodied in traditional ways and institutions, see J.G.A. Pocock's sparkling essay, Burke and the Ancient Constitution: A Problem in the History of Ideas. J.G.A. POCOCK, Burke and the Ancient Constitution: A Problem in the History of Ideas, POLITICS, LANGUAGE AND TIME 202-32 (1973).
85. FRANCIS P. CANAVAN, THE POLITICAL REASON OF EDMUND BURKE 65-66 (1960). For the essential writings of Burke on religious matters, see BURKE, supra note 10, at 104-12. On the general question of the superior wisdom embodied in traditional ways and institutions, see J.G.A. Pocock's sparkling essay, Burke and the Ancient Constitution: A Problem in the History of Ideas. J.G.A. POCOCK, Burke and the Ancient Constitution: A Problem in the History of Ideas, POLITICS, LANGUAGE AND TIME 202-32 (1973).
86. JOHN MILLAR, ORIGIN OF THE DISTINCTION OF RANKS 264 (4th ed. 1806). Prefixed to this edition is a very useful account of the life and writings of Millar by his nephew, John Craig. For Burke's memorandum to Prime Minister William Pitt, warning against interfering with the free market in grain, see BURKE, supra note 10, at 27-28; see also 5 EDMUND BURKE, THE WORKS OF EDMUND BURKE 133-34 (Boston, Little Brown & Co., 5th ed. 1877).
87. JOHN MILLAR, ORIGIN OF THE DISTINCTION OF RANKS 264 (4th ed. 1806). Prefixed to this edition is a very useful account of the life and writings of Millar by his nephew, John Craig. For Burke's memorandum to Prime Minister William Pitt, against interfering with the free market in grain, see BURKE, supra note 10, at 27-28; see also 5 EDMUND BURKE, THE WORKS OF EDMUND BURKE 133-34 (Boston, Little Brown & Co., 5th ed. 1877).
88. RENDALL, supra note 14 (citing and discussing the passage from Ferguson); see also DAVID KETTLER, THE SOCIAL AND POLITICAL THOUGHT OF ADAM FERGUSON (1965). Ferguson was deeply troubled about the decline of military valour among the Scots and continued to lecture on this favorite theme of humanists since the fifteenth century in Florence. See J.G.A. POCOCK, THE MACHIAVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION 498-505 (1975).
89. RENDALL, supra note 14 (citing and discussing the passage from Ferguson); see also DAVID KETTLER, THE SOCIAL AND POLITICAL THOUGHT OF ADAM FERGUSON (1965). Ferguson was deeply troubled about the decline of military valour among the Scots and continued to lecture on this favorite theme of humanists since the fifteenth century in Florence. See J.G.A. POCOCK, THE MACHIAVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION 498-505 (1975).
90. RENDALL, supra note 14 (citing and discussing the passage from Ferguson); see also DAVID KETTLER, THE SOCIAL AND POLITICAL THOUGHT OF ADAM FERGUSON (1965). Ferguson was deeply troubled about the decline of military valour among the Scots and continued to lecture on this favorite theme of humanists since the fifteenth century in Florence. See J.G.A. POCOCK, THE MACHIAVELLIAN MOMENT: FLORENTINE POLITICAL THOUGHT AND THE ATLANTIC REPUBLICAN TRADITION 498-505 (1975).
91. MILLAR, supra note 44.
92. For Burke's views on aristocracy and leadership, see BURKE, supra note 10, at 139-46. For Burke's letter to a noble lord, indicative of his nuanced views on aristocratic obligation and the duties of rank, see PAUL LANGFORD, A POLITE AND COMMERCIAL PEOPLE: ENGLAND 1727-83, at 690-91 (1989). The success of the English aristocracy, who in 1688 made the necessary compromises and reforms, stood in grim contrast with the failure of their progeny (the King and men of rank at the time of the war with the American colonies (1775-83)) to come to terms with the claims of their brothers overseas for claims for independence.
93. JOHN MILLAR, AN HISTORICAL VIEW OF ENGLISH GOVERNMENT (London, J. Mawman 1812) (Research Publications 1990).
94. MILLAR, supra note 44, at 296.
95. JAMES MACKINTOSH, A DISCOURSE ON THE STUDY OF THE LAWS OF NATURE AND NATIONS 30 (London, Printed for T. Cadell, jun., W. Davies, J. Debrett, & W. Clarke, 1799).
96. JOHN MILLAR, LETTERS OF CRITO: ON THE CAUSES, OBJECTS AND CONSEQUENCES OF THE PRESENT WAR, letter xv (Edinburgh, 1796) (Giuffre 1984).
97. Id. at 100-110.
98. See GORDON, supra note 23, at 160-70. David Hume reciprocated the affection and regard of the French, although he took no pleasure in being viewed as a person of fashion. In his memoir he wrote: Those who have not seen the strange effects of modes will never imagine the reception I met with at Paris, from men and women of all ranks and stations. The more I [recoiled] from their excessive civilities, the more I was loaded with them. There is, however, a real satisfaction in living at Paris, from the great number of sensible, knowing, and polite company with which that city abounds above all places in the universe. I thought once of settling there for life. DAVID HUME, ESSAYS: MORAL, POLITICAL, AND LITERARY at xxxix (Eugene F. Miller ed., Library Classics 1985) (1875).
99. HUME, supra note 53.
100. For Millar's views on the social consequences of the division of labor, see LEHMANN, supra note 39, at 379; here Millar follows closely Adam Smith's explication in Wealth of Nations, bk. 5, ch. 1, part 3, art. 2. Significant, however, is the difference between pupil and master. In the last decade of his life, Smith backed away from attempts to construct a science of ethics predicated on a demonstrable empirical foundation and became increasingly despairing concerning the artificial and dependent character of his fellow Scots. The last edition of his Theory of Moral Sentiments suggests "a Scottish moralist's increasing concern over the extent of vanity and ambition within a modern 'society of strangers.'" JOHN DWYER, VIRTUOUS DISCOURSE: SENSIBILITY AND COMMUNITY IN LATE EIGHTEENTH-CENTURY SCOTLAND 183 (1987). This bleak view was far distant from the reforming and "progressive" sensibility of Millar.
101. See LEHMANN, supra note 39 for references to the names of Millar's students who achieved political eminence in nineteenth-century British politics. See also KNUD HAAKONSSEN, THE SCIENCE OF A LEGISLATOR (1981); MILLAR, supra note 44 (advocating vigorously parliamentary reform).
102. See LEHMANN, supra note 39 for references to the names of Millar's students who achieved political eminence in nineteenth-century British politics. See also KNUD HAAKONSSEN, THE SCIENCE OF A LEGISLATOR (1981); MILLAR, supra note 44 (advocating vigorously parliamentary reform).
103. Dedication of his principal work to Fox has already been noted supra text accompanying note 50.
104. For a useful introduction to this complex topic, see HENRY W. MEIKLE, SCOTLAND AND THE FRENCH REVOLUTION (1912). John Craig's observations on his uncle's political sensibilities at the outbreak of the French Revolution are to be found in his Account of the Life and Writings of John Millar, Esq., prefixed, as has previously been mentioned, to John Millar's The Origin of the Distinction of Ranks. MILLAR, supra note 44, at xcix-cxx. Notable, in Craig's estimation, was Millar's belief that in supporting the cause of the revolution and joining the Society of the Friends of the People, he was performing "an important duty to his country." Id. at cxv. In HENRY COCKBURN, MEMORIALS OF HIS TIME 80 (Edinburgh, Adams & Charles Black, 1856), Cockburn observes, perhaps without exaggeration, the effects of the French Revolution on the energies, talents, and interests of Scottish literati in this terse comment: "Everything, not this or that thing, but literally everything, was soaked in this one event." Millar had been a keen admirer of Burke and expressed his strong support for him when he served as rector of the University of Glasgow. When Burke broke with Fox, over the latter's support of the French Revolution, Millar turned against Burke. MILLAR, supra note 44, 32-38.
105. For a useful introduction to this complex topic, see HENRY W. MEIKLE, SCOTLAND AND THE FRENCH REVOLUTION (1912). John Craig's observations on his uncle's political sensibilities at the outbreak of the French Revolution are to be found in his Account of the Life and Writings of John Millar, Esq., prefixed, as has previously been mentioned, to John Millar's The Origin of the Distinction of Ranks. MILLAR, supra note 44, at xcix-cxx. Notable, in Craig's estimation, was Millar's belief that in supporting the cause of the revolution and joining the Society of the Friends of the People, he was performing "an important duty to his country." Id. at cxv. In HENRY COCKBURN, MEMORIALS OF HIS TIME 80 (Edinburgh, Adams & Charles Black, 1856), Cockburn observes, perhaps without exaggeration, the effects of the French Revolution on the energies, talents, and interests of Scottish literati in this terse comment: "Everything, not this or that thing, but literally everything, was soaked in this one event." Millar had been a keen admirer of Burke and expressed his strong support for him when he served as rector of the University of Glasgow. When Burke broke with Fox, over the latter's support of the French Revolution, Millar turned against Burke. MILLAR, supra note 44, 32-38.
106. I am completing a monograph entitled Civil Society and the Decline of the Moral Community, in which I discuss conflicts among literati on questions of moral sentiment, politics, and commercial/civic society.
107. The thesis of David Allan in his Virtue, Learning and the Scottish Enlightenment highlights the persistence and deep roots of classical humanist scholarship and research in the Scottish Lowlands. The intellectual fires of this learned tradition continued to burn brightly in the eighteenth century. ALLAN, supra note 16. However, Allan does not give sufficient weight to the new politics and economy which did not seek legitimation in any civil humanist tradition. Economic and social change rendered classical political theory more of a private adornment than a generator of deeper insight into the public good. Finally, radical specialization of intellectual labor was to play hob with the generalist and amateur humanist. For the movement toward privatization and celebration of domestic virtues, over and against a public sensibility, see DWYER, supra note 55, at 95-113.
108. SMITH, supra note 41.
109. Would Adam Smith have clung to the concept of "free market" with such tenacity as exhibited in 1776, if he had written only a decade later? Was Dugald Stewart - the leading economist of the next generation and a student of Smith's - correct when contending that his mentor did not wish to mislead his audience further, therefore, he wrote little after completing Wealth of Nations in 1776? Adam Smith had relied on economic theology to celebrate the invisible hand of God as being more in tune with the free market than Christ was with His disciples. With buoyant confidence, Smith averred in Wealth of Nations that the wealthy "divide with the poor the produce of all their improvements. They are led by an invisible hand to make nearly the same distribution of the necessaries of life, which would have been made, had the earth been divided into equal portions among all its inhabitants." In an addition to the sixth edition of The Theory of Moral Sentiments, Smith juxtaposes the deference and approbation of the poor for the wealthy over and against the contempt the latter display for the impoverished. This is not merely a minor failing but the "great and most universal cause of the corruption of moral sentiments." Nor was Smith alone in his fears as to the injustice of the play of the free market in civil society. See James Buchan, Presto!, LONDON REV. BOOKS, Dec. 14, 1995, at 13, (reviewing IAN SIMPSON ROSS, THE LIFE OF ADAM SMITH (1995)).
110. Would Adam Smith have clung to the concept of "free market" with such tenacity as exhibited in 1776, if he had written only a decade later? Was Dugald Stewart - the leading economist of the next generation and a student of Smith's - correct when contending that his mentor did not wish to mislead his audience further, therefore, he wrote little after completing Wealth of Nations in 1776? Adam Smith had relied on economic theology to celebrate the invisible hand of God as being more in tune with the free market than Christ was with His disciples. With buoyant confidence, Smith averred in Wealth of Nations that the wealthy "divide with the poor the produce of all their improvements. They are led by an invisible hand to make nearly the same distribution of the necessaries of life, which would have been made, had the earth been divided into equal portions among all its inhabitants." In an addition to the sixth edition of The Theory of Moral Sentiments, Smith juxtaposes the deference and approbation of the poor for the wealthy over and against the contempt the latter display for the impoverished. This is not merely a minor failing but the "great and most universal cause of the corruption of moral sentiments." Nor was Smith alone in his fears as to the injustice of the play of the free market in civil society. See James Buchan, Presto!, LONDON REV. BOOKS, Dec. 14, 1995, at 13, (reviewing IAN SIMPSON ROSS, THE LIFE OF ADAM SMITH (1995)).
111. Alan Bewell, in his Wordsworth and the Enlightenment: Nature, Man, and Society in the Experimental Poetry, considers in detail the migration of the themes of civil society and conjectural history into the poetry of Wordsworth and his generation. ALAN BEWELL, WORDSWORTH AND THE ENLIGHTENMENT: NATURE, MAN, AND SOCIETY IN THE EXPERIMENTAL POETRY (1989). Here he explicates the variety of ways in which Wordsworth and his contemporaries examined questions of the meaning of property, dangers of the uprooted peasants of the countryside, blight of economic development, and the thousand natural ills to which rural society and urban life might be prey if the "cash nexus" were to destroy customary sentiment and compassion.