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Burke: The
Moral Medium of the English Constitution
As a self-styled "old Whig," Edmund Burke was both a staunch
partisan of the Revolution of 1688, and an unrelenting critic of
the French Revolution of 1789. In general, he denied that one
could define the circumstances that justify revolution. However,
he did affirm the possibility of revolution when he
noted, [T]hat a sore and pressing
evil is to be removed, and that a good, great in its amount and
unequivocal in
its nature, must be probable almost to certainty, before the
inestimable price of our own morals and the well-being of a
number of our fellow citizens is paid for a
revolution. |
In a political theoretical view, the Glorious Revolution of
1688 had (at least) two notable effects: first, it disrupted the
hereditary succession of the throne of England; and second, it
assured, via the Declaration of Right, the supremacy of
Parliament over the Crown. Both of these were significant, truly
revolutionary changes in the English form of government. Prior
to the Revolution, even before James II had ascended to the
throne, those who would later become the Whigs had tried to
exclude James from the line of succession. The Tories in
Parliament defeated the attempt, as they "feared renewal of
revolutionary disturbances if the hereditary principle were
undermined" -- a seemingly Burkean concern. However, the Whig
fears of a disruptive Catholic king were later vindicated, and
led to the events of 1688. Burke maintained that the English
Revolution "was justified only upon the necessity
of the case, as the only means left for the recovery of
that ancient constitution formed by the original
contract of the British state, as well as for the future
preservation of the same government." Furthermore, he
asserted "the perpetual validity of the settlement then made and
its coercive power upon posterity." However, Burke was not so
permissive with the French. To him, their Revolution was
unnatural and anarchistic -- "all sorts of crimes jumbled
together
with all sorts of follies." But given that there were true
evils to be removed in France, and that the English Revolution
was truly revolutionary -- and not merely restorative -- one
naturally wonders why Burke cut the French so little slack. What
made the English Revolution an inevitable necessity while the
French Revolution was an unnatural usurpation? Burke insisted
that his reaction to each revolution was consistent with his
reaction to the other. But because the Glorious Revolution was
not truly the retention of an ancient form, Burke's defense of it
can only be consistent as a defense of a less-formal "spirit of
the original compact of the state." Even at that level of
generality, the question remains: how is such a project anything
other than an invitation to arbitrariness? The consistency
Burke sought lay in substantive ends, not political means. Burke
labeled himself as "one who wishe[d] to preserve consistency; but
who would preserve consistency by varying his means to secure the
unity of his end." Unlike the theorists of popular sovereignty,
he was not outlining a morality of process -- a political
algorithm
that legitimates whatever substance it produces. Instead, he was
defending the substance and fact of the British constitutional
monarchy, as it had been handed down and as it was presently
enjoyed. Thus Burke's defense was, in part, a post hoc,
results-based justification. But in his eyes, that was its
vindication: the testimony of real-world consequence set it apart
from the speculating he despised. Burke's disposition
towards the two revolutions is illuminated by the way he eschewed
two extremes of political theory -- the divine right of kings and
inalienable popular sovereignty -- and moved, instead, to embrace
a
substantive "moral medium" in the conduct of state. Burke viewed
the English Revolution as preserving this true moral grounding,
while the French Revolution rejected it.
Divine Right Burke was a staunch
supporter of the hereditary English monarchy. He granted "that
the awful Author of our being is the Author of our place in the
order of existence," and that "[He has] subjected us to act the
part which belongs to the place assigned us." Furthermore, he
agreed that the propriety of hereditary succession "was not
settled upon elective principles, in any sense of the word
'elective'." However, he did not subscribe to a king's absolute,
divinely-granted right to rule. Burke criticized the "old
fanatics of single arbitrary power" who had "dogmatized as if
hereditary royalty was the only lawful government in the world,
just as our new fanatics of popular arbitrary power, maintain
that a popular election is the sole lawful source of authority."
Both views are equally incorrect because both are equally
arbitrary: they are finally grounded only in human will, which
has no necessary connection to political good. Thus Burke
"[would not] assert that the destruction of an absolute monarchy
is a thing good in itself, without any sort of reference to the
antecedent state of things or to consequences which result from
the change" No person or assemblage of people indefeasibly holds
the right to govern. "But," Burke continued, "an absurd opinion
concerning the king's hereditary right to the crown does not
prejudice one that is rational, and bottomed upon solid
principles of law and policy." A "reformed and balanced"
monarchy -- administered according to right reason, one might say
-- "is the best of all governments."
Popular Soveriegnty By Burke's
time, an extreme "spirit of leveling" had become the popular
political heresy. The theories of Rousseau and Paine --
assertions
that legitimacy rested always and only in the People and
definitions of the Rights of Man -- had become popular in many
English circles. Even some of Burke's Whig colleagues concurred
"that the people, in forming their commonwealth, have by
no means parted with their power over it." Burke took great
issue with those who would vest an abstract legitimacy in an
ideal People, and criticized their reductionism: "This
[philosophy] is an impregnable citadel to which these gentlemen
retreat whenever they are pushed by the battery of laws and
usages and positive conventions." With such thinkers, absolute
popular sovereignty was an unquestioned verity: "Take it or leave
it: there is no medium." According to Burke, the problem
with such a view is that it is dangerously incomplete. He noted
that "Government is not made in virtue of natural rights, which
may and do exist in total independence of it; and exist in much
greater clearness, and in a much greater degree of abstract
perfection: but their abstract perfection is their practical
defect." Instead, "Government is a contrivance of human wisdom
to provide for human wants." Thus, "the circumstances and
habits of every country . . . are to decide upon the form of its
government." To look to a unitary people for all political
legitimacy is both to seek a false homogeneity, and to vest
supreme power in a fiction, for "[i]n a state of rude Nature
there is no such thing as a people." Natural inequalities
inhere in the human condition. Burke warned that the political
leveling implied by popular sovereignty would blind the state to
such a circumstantial reality. There is only a proper "People"
where different people serve their own different functions in
society, "under that discipline of Nature." Thus, for example,
Burke lauded the worth of "a 'natural' aristocracy, without which
there is no nation:" For man is
by nature
reasonable,
and he is never perfectly in his natural state but when he is
placed where reason may be best cultivated and most predominates.
. . . Men, qualified in the manner I have just described, form in
Nature . . . the leading, guiding, and governing part. It is the
soul to the body, without which the man does not
exist. |
In
Burke's view, society is truly a corporate body. Unity is
effected by cooperation amongst different parts, not by sameness.
By overemphasizing political equality -- such as renders the king
a
mere agent of the People, for example -- the levelers deny the
need
for different stations in political society. Thus they assert
the right of each man to be what he cannot be -- namely, all men.
Such a view engenders a hubristic hatred of political privilege.
Burke wrote: [W]hen you break up
this
beautiful order,
this array of truth and Nature, as well as of habit and
prejudice -- when you separate the common sort of men from their
proper chieftains, so as to form them into an adverse army -- I
know longer know that venerable object called the "people" in
such a disbanded race of deserters and
vagabonds." |
Furthermore, Burke challenged the theorists, popular sovereignty
cannot attain the perfection required by its
theory: The power of acting by a
majority
. . . must be
grounded on two assumptions: first, that of an incorporation
produced by unanimity, and secondly, a unanimous agreement that
the act of a mere majority (say of one) shall pass with them and
with others as the act of the
whole. |
There
has never been
such universal consent. To pretend that it exists -- that there
is
a unitary and infallible general will -- is as much a usurpation
as
claiming divine right. Burke observed that "such constructive
whole, residing in a part only, is one of the most violent
fictions of positive law that ever has been or can be made on the
principles of artificial incorporation." One of the greatest
dangers Burke saw in a popular view of sovereignty was that its
overemphasis on consent leads to a false sense of moral autonomy.
Political society is an amalgam of obligations and duties -- much
more than of self-existent rights -- and is therefore within the
province of moral jurisdiction. Thus, "if we owe to it any duty,
it is not subject to our will. Duties are not voluntary. Duty
and will are even contradictory terms." To make civic obligation
depend solely on personal consent "is ultimately to vest the rule
of morality in the pleasure of those who ought to be rigidly
submitted to it -- to subject the sovereign reason of the world
to
the caprices of weak and giddy men." Instead, Burke urged that
"We have obligations to mankind at large which are not in
consequence of any special voluntary pact. They arise from the
relation of man to man, and the relation of man to God, which
relations are not matters of choice." Much like a parent's
obligation to his child, the covenant of civil society
attaches upon every individual
of that society without
any formal act of his own. This is warranted by the general
practice arising out of the general sense of mankind. Men
without their choice derive benefits from that association;
without their choice they are subjected to duties in consequence
of these benefits; and without their choice they enter into a
virtual obligation as binding as any that is
actual. |
Thus
no reference to human will -- even if it be unanimous consent --
places state action beyond criticism. To be legitimate, any
public power must "be exercised with sound discretion --
that is to say, it is to be exercised or not, in conformity to
the fundamental principles of this government, to the rules of
moral obligation, and to the faith of pacts." Burke was also
concerned about the dangerous anarchy of mob rule. He wrote that
"it is more safe to live under the jurisdiction of severe but
steady reason than under the empire of indulgent but capricious
passion." Consequently, just as "[i]t is not necessary to teach
men to thirst after power," it is not wise to flatter the
multitude with declarations of their sovereignty. "[I]n the
hands of the multitude," Burke observed, "[power] admits of no
control, no regulation, no steady direction whatsoever . . . to
exercise and to control together is contradictory and
impossible." The people, as a mass, do not have the continuity
needed to exercise power wisely. Burke did agree that "[t]he
people are the natural control on authority": no one can divest
the masses of their ability to revolt. But the natural
check of spontaneous revolt does not depend on the philosophy of
popular sovereignty. If at all, such an extreme measure should
occur only as a reflexive necessity, not by anticipatory
calculation. In sum, Burke objected to the doctrine of
popular sovereignty because it removes politics from the natural
realm of moral duty that exists apart from will and consent. In
a sense, such a philosophy mistakes the will of the masses for
the will of God. Burke declared that "[t]hese doctrines
concerning the people . . . tend, in my opinion, to the
utter subversion, not only of all government in all modes and to
all stable securities to rational freedom, but to all the rules
and principles of morality itself."
Moral Medium Thus Burke decried both
extreme views of sovereignty as false abstractions. He opposed
the French Revolution for its reliance on such a theory.
However, he lauded the English state -- as it resulted from the
Glorious Revolution -- as being grounded in the "moral medium" of
fact and compromise. Such a reality cannot be theoretical, and
must be contextual: "there is no medium besides the medium
itself. That medium is not such because it is found [in the
Reflections], but it is found there because it is
conformable to truth and Nature." In general, "the
foundation of government is [laid] . . . in political
convenience, and in human nature -- either as that nature is
universal or as it is modified by local habits and social
aptitudes." The virtue of government is its provision for human
wants -- a complex and tangible aspiration. Thus, in the
business
of the state, "widespread interests must be considered --
must be compared -- must be reconciled, if
possible."
Such an endeavor is a far cry from chasing down a unitary source
of ideal legitimacy. Burke asserts that "in all political
questions the consequences of any assumed rights are of great
moment in deciding upon their validity." In such a consequential
view, history and continuity become crucial, as the guiding light
of past experience. In their revolution, the English at least
did not style themselves as being novel. For example, William of
Orange at least claimed that they were returning to their
"ancient charter." In contrast, by justifying their revolt
according to a theory, the French were culpably presumptuous.
The only political theorizing Burke allows is analogy to
actual experience -- "a theory drawn from the fact of our
government." The British constitution had worked,
providing stability while allowing for change. It had protected
true liberty, "a liberty connected with order, and that
not only exists with order and virtue, but cannot exist at
all without them." Thus, in Burke's view, the English
constitution was presumptively good. Proposed changes to it --
and
not the constitution itself -- bear the burden of proof. The
British constitution, Burke observed, "consist[s] of the three
members, of three very different natures." In fact, he asserts,
the real-world harmony it produced was a function of theoretical
tension and compromise: "The whole scheme of our mixed
constitution is to prevent any one of its principles from being
carried as far as, taken by itself and theoretically, it would
go." Thus, for example, the monarchy and Parliament must be
supported "on grounds that are totally different, though
practically they may be, and happily with us they are, brought
into one harmonious body." There is a sort of trinitarian
mystery to the English constitution; its truth lies only in its
being and its operation. Given that the excellence of the
English system lies in its ability to foster "perpetual treaty
and compromise," Burke asserts that "[a] man could not be
consistent in defending such various. . .parts of a mixed
constitution, without that sort of inconsistency with which Mr.
Burke stands charged." Burke sought consistency and
legitimacy in moral -- not metaphysical -- reality. He wrote
that
"[p]olitical problems do not primarily concern truth or
falsehood. They relate to good or evil. What in the result is
likely to produce evil is politically false; that which is
productive of good, politically true." Thus, because he was not
primarily concerned about form, he did not have to contort
reality in order to avoid formal antagonisms: He is not
to apprehend that his raising fences about popular privileges
this day will infer that he ought on the next to concur with
those who would pull down the throne; because on the next he
defends the throne, it ought not be supposed that he has
abandoned the rights of the
people. |
In this
sense, Burke
fits G.K. Chesterton's paradigm of the sane man: "If he saw two
truths that seemed to contradict each other, he would take the
two truths and the contradiction along with them." To hold
otherwise, that "having done any thing in a certain line
[imposes] the necessity of doing every thing has political
consequences of other moment than those of a logical fallacy."
It blinds us to the nuance of reality by forcing us to formal
extremes. And that lost nuance is often the cement of political
society: Duties, at their extreme
bounds,
are drawn
very fine, so as to become almost evanescent. In that state some
shade of doubt will always rest on these questions when they are
pursued with great subtlety. But the very habit of stating these
extreme cases is not very laudable or safe, because, in general,
it is not right to turn our duties into doubts. They are imposed
to govern our conduct, not to exercise our
ingenuity. |
Thus, by their emphasis on theory, the French would destroy
public duty in the name of popular sovereignty: "By what they
call reasoning without prejudice, they leave not one stone upon
another in the fabric of human society. They subvert all the
authority which they hold as well as all that which they have
destroyed." In contrast, Burke maintained, the virtue of
the British constitution lies in its present existence and its
past success -- not in its consonance with an abstract theory.
Burke was not concerned with an algorithm that would legitimate
revolution. Instead, he defended the English state because it
actually participated in the rough-edged, natural moral order,
which takes into account human differences, natural affections,
and real duties that exist apart from personal consent. Its
truth resided in its success: "Profound thinkers will know it in
its reason and spirit. The less inquiring will recognize it in
their feelings and their experience . . . which, in the most
essential point of this great concern, will put them on a par
with the most wise and knowing."

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