Category Archives: Nicolo Machiavelli

Civic Republicans and Arms Rights

In the history of civic republicanism, the right to bear arms was a means to an end. The end being the erection of free political institutions, the establishment of democracy, and above all, the creation of a public sphere independent of the arbitrary will of a monarch in which citizens could deliberate as equals.

J.A.S. Oertel- Pulling Down the Statue of King George III- ca 1859. Credits: Wikipedia

J.A.S. Oertel- Pulling Down the Statue of King George III- ca 1859. Credits: Wikipedia

In this brief essay I seek to shed light on the conceptual history of the right to bear arms. By conceptual history I mean a deep look into the history of the idea of arms rights: how it emerged, why it emerged, and what conceptual justifications were used to establish it. This exercise seeks to problematize the claim that arms rights are an inalienable right which cannot be legally regulated or curtailed (as some gun enthusiasts interpret the Second Amendment) and will reveal that contemporary arguments in their favor have been divorced from their historical development.

The intellectual historians J.G.A. Pocock and Quentin Skinner assert that the right to bear arms is one of the founding tenets of the political theory of civic republicanism. Civic (or classical) republicanism is the political theory most closely associated with the republics of Ancient Rome and Renaissance Florence, based on a rudimentary separation of powers, civic virtue, citizen militias and the political participation of an engaged and free citizenry (Skinner 1978, p78). Civic republican ideals eventually went on to inform Oliver Cromwell’s English Commonwealth, as well as the political theory of the American Revolution and much of the politics of the Founding Fathers (Skinner 1998).

Florence Coat of Arms. Credits: Connormah, WIkipedia

Florence Coat of Arms. Credits: Connormah, WIkipedia

Citizen participation and civic virtue are the cornerstones of civic republican theory (Pocock 1975, p56). The republics of antiquity were self-governing political orders which required the participation of their citizens in all public endeavors lest the republic fall prey to powerful families, private interests or rival kingdoms and empires (Skinner 1978, p77). Cultivating the civic virtues meant participating actively in the political process as well as taking part in the military endeavors of the republic. Politics was to be entrusted to free citizens and articulated through free institutions, and never to nobles and the aristocracy. Military operations too, said the great Niccolò Machiavelli, were to be entrusted to citizen militias because mercenary armies and their condottieri frequently turned against their own employers and never fought with true valor (Viroli 1990).

As such, political and martial virtues were at the heart of civic republican theories of citizenship. This meant that the condition of being a free citizen required one to be able to fight for the only form of government which could guarantee his freedom: the republic. Pocock asserts that the possession of arms in republican Florence was “the ultima ratio whereby the citizen exposes his life in defense of the state and at the same time ensures that the decision to expose it cannot be taken without him; it is the possession of arms which makes a man a full citizen” (Pocock, p90).

Arms rights and martial virtues, particularly in republican Florence, were thus a means to an end. The ends being the individual’s sacrifice for the common good and the preservation of a free polis: autonomous and self-governing.

Commonwealth gold Unite, 1653. Credits: Classical Numismatic Group, Inc, WIkipedia

Commonwealth gold Unite, 1653. Credits: Classical Numismatic Group, Inc, WIkipedia

Similarly if we take a look at the political vocabulary employed during the Commonwealth of England (1649) and the American Revolution (1776) we find the same civic republican themes presented once again. Here, the civic virtues were called upon to emancipate individuals from the rule of absolute monarchy (Charles I in 1649 and George III in 1776). Theories of citizenship informing the Commonwealth justified rebellion and regicide by asserting the basic Aristotelian assumption that man is a free zoon politicon (a political animal) capable of self-government (Pocock 1985, p67). Similar justifications are used in the American Revolution, claiming that propertied men had a right to their own possessions and should be free from the arbitrary will of tyrants (Skinner 1998). Thus, the condition of personal freedom was possible solely through the institution of a popular government legitimized by the consent of the governed.

In 17th century England and in 18th century America, only the appeal to the sword and musket could ensure the erection and the maintenance of a free government for and by the people. Once again, Pocock suggests that in the political vocabulary of the times “the bearing of arms is the essential medium through which the individual asserts both his social power and his participation in politics as a responsible moral being” (Pocock 1975, p389).

The lesson we derive from the civic republican case for arms rights is that arms were an essential means through which to gain political agency and assert one’s status as free and equal citizen. Arms rights were therefore a historical exigency necessary to institute a public sphere, free and accessible political institutions and equality before the law.

Today, it appears to me that the right to bear arms is understood as a right unto itself, frequently equated with the inalienable rights to life, free speech and property. I think this is historically inaccurate. The founders of our democracies and the original architects of our republican orders did not equate the right to bear arms with some abstract notion of freedom, but rather saw arms and militias as a means through which to institute what they called a free body politick. Moreover, arms rights were part of a theory of citizenship imbued with civic virtue and uncompromisingly committed (unto death!) to the common good of the res publica.

In sum, the right to bear arms is historically part of a greater political struggle to institute a self-governing society informed by active citizenship. Today, contrarily, arms rights seem to signify some metaphysical libertarian notion of private freedom which is divorced from the collective struggle for a democratic society and hysterically suspicious of any notion of government.

Michael Hardt and Tony Negri point out how the ideals of republican theory become corrupt in modernity. They suggest that homo politicus -the civic republican- eventually succumbs to homo proprietarius –the possessive individualist whose egotistic self-interest powers the machinations of capital (Hardt and Negri 2011, p11). Contemporary justifications of arms rights are a perfect example of this type of corruption, successfully grounding the Second Amendment in the Hobbesian paradigm of the bellum omnium contra omnes (the war of all against all). Yet, historically speaking, arms rights were put in place to create and defend the public sphere, not to assert private and absolute sovereignty over one’s backyard.

For a similar take on arms rights, please consult the following articles:

http://newindependentwhig.blogspot.com/2012/12/on-second-amendment.html#comment-form

http://newindependentwhig.blogspot.com/2012/12/on-well-regulated-militia_18.html

Bibliography:

  • Hardt, M. and Negri, A. 2011, Commonwealth, Belknapp Press of First Harvard University Press: Cambridge, MA.
  • Pocock, J.G.A. 1975. The Machiavellian Moment, Princeton University Press: Princeton
  • Pocock, J.G.A. 1985. Virtue, Commerce, and History, Cambridge University Press: Cambridge
  • Skinner, Q. 1978. The Foundations of Modern Political Thought, Vol. 1. Cambridge University Press: Cambridge
  • Skinner, Q. 1998, Liberty Before Liberalism, Cambridge University Press: Cambridge
  • Viroli, M. 1990. “Machiavelli and the Republican Idea of Politics” in Bock, Skinner & Viroli ed. Machiavelli and Republicanism, Cambridge University Press: Cambridge

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Filed under Arms Rights, Civic Republicanism, Democratic Theory, Libertarianism, Machiavelli, Nicolo Machiavelli, political philosophy, Second Amendment

Two Concepts of Liberty and Classical Republicanism

Deconstructing a False Dichotomy


Robert Nozick opens the preface to Anarchy, State, and Utopia asserting that “individuals have rights, and there are things no person or group may do to them (without violating their rights). So strong and far-reaching are these rights that they raise the question of what, if anything, the state and its officials may do”[1]. Indeed natural rights are a hallmark of western political philosophy. They assert the individual’s natural freedom and protect his or her private life and property from external threats. As articulated in the seventeenth century by European and American liberals, the discourse of natural rights was employed to limit the power of absolutist monarchies and abolish the hegemony of hereditary aristocracies. In fact they acted as a principle of governmental limitation, attempting to draw a juridical barrier between naturally free citizens and their governments[2].

 Today’s political discourse presents a similar use of natural rights. If we look at the claims emerging from the Tea Party movement and like-minded libertarian circles we notice a similar re-assertion of natural freedom and individual independence from a government which intrudes excessively in the life of private citizens. Publicly funded programs such as Medicare, Medicaid and Social Security are thus seen as direct assaults on the private sphere that pertains to individuals.

A False Dichotomy

          Such an interpretation of natural rights rests upon an understanding of human liberty defined as the condition of absence from external constraints. In his seminal essay Two Concepts of Liberty (1969), Isaiah Berlin terms this attitude towards freedom as negative liberty, one concerned solely with creating a private sphere of non-interference upon which no other person may intrude: “I am normally said to be free to the degree to which no man or body of men can interfere with my activity. Political liberty in this sense is simply the area within which a man can act unobstructed by others”[3]. On the contrary, positive liberty implies the freedom to participate in the collective decisions influencing the individual’s life. Yet, collective participation in political endeavors, according to Berlin, has historically led to the formation of universal categories such as collective wills, the common good, or enlightened majorities which, in the name of collective well-being, have inevitably trodden upon the sacrosanct natural rights of private individuals. Berlin thus concludes that positive and negative liberty “are not two different interpretations of a single concept, but two profoundly divergent and irreconcilable attitudes to the ends of life”[4].

          Similarly, the libertarian right, along with many neo-classical economists such as F.A. Hayek and Milton Friedman, eschew an understanding of positive liberty based on increased political participation and concerns for the common good. In their view, true liberty lies in the “freedom to choose” their own personal decisions rather than having them dictated by government. Moreover, political participation and democratic deliberation are not seen as conducive to social harmony or political stability as they most often lead to irresolvable political arguments which strain the already frail bonds uniting society. On the other hand, Milton Friedman asserts that if such decisions were left to the free market, such political strains would not occur: “the wider the range of activities covered by the market, the fewer the issues on which explicitly political decisions are required and hence on which it is necessary to achieve agreement”[5]. In fact, F.A. Hayek suggested that democracy is not an end to itself but solely a means to secure personal freedom.

“Democracy is essentially a means, a utilitarian device, for safeguarding internal peace and individual freedom.”[6]

          We are thus presented with two apparently irreconcilable understandings of liberty. The negative asserts freedom from external constraints, while the positive a freedom to engage in the political act of decision making. Yet, Isaiah Berlin warns us that political participation in a collective sphere, although potentially a noble endeavor, possesses no internal mechanism of limitation which allows it to check its ability to encroach on private natural rights. In this light, it is self-evident that negative liberty is the sole concept of freedom which ensures that at least our very basic rights are protected. This, however, presents us with a false dichotomy.

The Classical Republican Theory of Liberty

          Positive and negative liberty may coexist, and have coexisted, in many different articulations. A valuable example is the theory of republican liberty outlined by professors Quentin Skinner and J.G.A. Pocock. These historians bring to the light a political discourse dating back to ancient Greece and republican Rome concerned with the common good, civic virtue and collective participation in the public sphere. This political theory found its first coherent expression in renaissance Florence, where quattrocento (1400) humanists along with Machiavelli articulated the foundational concepts of  classical republicanism. The republic of Florence from the early 1100s to 1432 had been a self governing and independent polity, vying for territorial and political hegemony with neighboring republics and principalities.

          Skinner and Pocock point out that Florentine political thought conceived of liberty as resting on two mutually dependent assertions: absence from forms of constraint and political participation[7]. Absence from constraint was understood as a the condition of independence from external rule. After all, Florence during the medieval and renaissance periods inhabited a world of warfare, marching armies and endless sieges. The individual liberty of citizens within the republic thus depended on the city’s ability to remain free from neighboring tyrants, popes, princes and monarchs[8]. This condition of independence was however maintained solely through citizen participation. In fact, the citizen was called upon to fulfill two duties: firstly, the running of the city’s administration, and secondly the military defense of the city’s walls[9].

          Such a form of citizen participation was embodied in a principle called civic virtue, or il vivere civile e politico, and demanded that citizens take part in the running of the republic’s endeavors if they wished to remain free[10]. In Florentine political thought, the condition of dependence signaled the loss of autonomy and human agency, eventually causing social decay and moral corruption. Civic virtue was thus a principle of individual and social action, an ethic which enabled citizens to be masters of their own destiny through a concerted and collective effort. As such, renaissance republican thought eschewed the idea of private interests guiding the republic, it was weary of princes, and cultivated a profound suspicion of hereditary aristocracies[11]. The republic’s highest magistracies should therefore be accessible to all qualified citizens, and its electoral system was characterized by frequent elections and short terms[12].

           Pocock and Skinner point out the presence of the theory of republican liberty during the English Civil War, in Revolutionary and Federalist America, all the way into the thought of Adam Smith. Its admonition is clear: the maintenance of negative liberty necessitates a positive effort of political participation. As Quentin Skinner suggests, the lesson that the great minds of the seventeenth century seem to be telling us is that “if we wish to maximise our personal liberty, we must not place our trust in princes; we must instead take charge of the political arena ourselves”[13].

Conclusions

             Recent attempts on behalf of libertarian movements forcing us to choose between individual liberty or political participation in a collective sphere are theoretically and historically erroneous. Accepting negative liberty as the only viable and modern understanding of freedom ignores a rich and varied political tradition on which western democracies have been built on. Moreover, this false dichotomy forces us to choose between the protection of natural rights on one hand, and a potentially collectivist totalitarian politics on the other, thereby nudging us towards the acceptance of a limited and unaccountable democratic system. Contrarily, we must conceive of democratic politics as a system requiring continuous political questioning and debate. Indeed democracy’s lifeblood lies in democratic deliberation which always necessities some degree  of citizen participation and civic virtue (of course not the same as the Florentine republic’s).

          A retreat to an a-political and a-social state of nature -which is what the Tea Party movement at times seems to base its claims on- will not maximize individual liberty but render it vulnerable to, and dependent on, powerful interests –be these governmental or private. If natural rights are not defended through political participation within government there is the serious possibility of losing them. Moreover, natural rights, such those to “life, liberty and the pursuit of happiness”, do not exist on different political playing field than the rights to basic healthcare, decent education and a dignified retirement plan. The lesson we derive from the political theories of classical republicanism and early liberalism is that natural rights are inextricably tied to the demands for civil liberties. Natural rights and civil rights are linked because they must both be fought for politically, continuously and within a democratic framework.

           A libertarian re-assertion of negative liberty and individual natural rights will not deliver American and European nations from their financial woes. Nor will the dismantlement of government and its public services. It will solely erode and gnaw away at the frail ties that keep us united as democratic nations, thereby fostering division, political apathy and national disunion. In a moment in which financial markets call into question our nations’ popular sovereignty, we are more than ever in need of a concerted and collective effort to rise to the challenge and defend our cherished liberties that define us as democratic citizens.


[1] Nozick 1974, p ix

[2] Foucault 2008, p 9

[3] Berlin 1969, p 122

[4] Berlin 1969, p 166

[5] Friedman 1962, p 24

[6] Hayek 1944, p 73

[7] Skinner 1998

[8] Pocock 1975, p 201

[9] Skinner 1978, p 76

[10] Pocock 1975, p 56

[11] Pocock 1975, p 94

[12] Viroli 1990

[13] Skinner, 1992

Bibliography

Berlin, I. 1969 “Two Concepts of Liberty” in Isaiah Berlin Four Essays on Liberty. Oxford University Press: Oxford

Foucault, M. 2008, The Birth of Bio Politics. Palgrave Macmillan: Hampshire

Friedman, M. 1962, Capitalism and Freedom. The University of Chicago Press: Chicago

Hayek, F. A. 1944 The Road to Serfdom, Routledge: Abingdon

Nozick, R. 1974. Anarchy, State, and Utopia, Blackwell Publishing: Oxford

Pocock, J.G.A. 1975. The Machiavellian Moment, Princeton University Press: Princeton

Skinner, Q. 1978. The Foundations of Modern Political Thought, Vol. 1. Cambridge University Press: Cambridge

Skinner, Q. 1992, “On Justice, the Common Good and Liberty” in Mouffe, C. Dimensions of Radical Democracy, Verso: London

Skinner, Q. 1998, Liberty Before Liberalism, Cambridge University Press: Cambridge

Viroli, M. 1990. “Machiavelli and the Republican Idea of Politics” in Bock, Skinner & Viroli ed. Machiavelli and Republicanism, Cambridge University Press: Cambridge


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Filed under democracy, Democratic Theory, liberalism, Libertarianism, Liberty, Machiavelli, Negative Liberty, Neo-liberalism, neoliberalism, Nicolo Machiavelli, political philosophy, political theory, Tea Party