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The Spirit of the Three Regimes: Social Bonds

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Montesquieu and the Discovery of the Social
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Abstract

This work is based on an apparent paradox: it claims that Montesquieu discovers the ‘social’ without using the term, or any cognate terms like the ‘social bond’. And, in a sense, he could not: for the term supposes (a) that relations between humans can be separated from all other types of relations; and (b) that relations between humans are sufficiently similar as to be described by the same adjective. If I have described the ‘spirit of the laws’ as a substitute term for the social, the former does not separate out these relations, but ties them to both the sub- and supra-human worlds. Moreover, he does not begin with the claim that all such relations are, or should be, similar because based on imperatives common to the human(/social) condition; he begins in difference, these relations being different, not least because situated in different political regimes. The different political regimes are, to be sure, comparable, but not because constructed from the same (social) substance. What makes them comparable is that they are constructed from differential relations between the same two political terms, positive law and power. Now, the analysis does not remain within these terms; whether turned to the general laws beneath the positive laws, or to the institution of historical dynamics, the analysis moves beyond the terms of a strictly political perspective. Nonetheless, at this point, the social either begins in or ends with the political and its vertical relations. One cannot yet speak of the social as indicating a set of relatively autonomous horizontal relations.

Notes

This is why a famous writer has made virtue the fundamental principle of Republics […] But for want of the necessary distinctions, that great thinker was often inexact, and sometimes obscure, and did not see that, the sovereign authority, being everywhere the same, the same principle should be found in every well-constituted State, in a greater or lesser degree, it is true, according to the form of the government.1

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References

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  2. For this reason his portrait of republican virtue was much admired by some of the more radical French revolutionaries, including Marat, Saint-Just and Barrère—though Montesquieu would have been appalled at the way they used his ideas. Roger Barny, ‘Montesquieu Patriote?’, Dix-huitième siècle, revue annuelle publiée par la société française d’étude du 18éme siècle (Paris: PUF, 1988), pp. 83–95.

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  3. The idea of self-rule, that one is simultaneously ruler and ruled (if only indirectly through representation) is a modern idea. See the first chapter of Bernard Manin, The Principles of Representative Government (Cambridge: Cambridge UP, 1997).

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  12. Norbert Elias, The Court Society, and the two volumes of The Civilizing Process, The History of Manners (New York: Pantheon, 1978) and Power and Civility (New York: Pantheon, 1982). There are many works that have extended such analysis.

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© 2013 Brian C.J. Singer

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Singer, B.C.J. (2013). The Spirit of the Three Regimes: Social Bonds. In: Montesquieu and the Discovery of the Social. Palgrave Macmillan, London. https://doi.org/10.1057/9781137027702_3

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