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This essay offers an alternative to influential interpretations of elites, peoples, and senates in Niccolò Machiavelli's theory of mixed republics. It analyzes in greater depth both Machiavelli's ascription of the morally objectionable and politically dangerous trait of insolenzia to the nobles as a social class; and his justifications for the establishment of senates as institutions that partially remedy the problem of aristocratic insolence—justifications that depart from traditional Ciceronian and Polybian standards. Machiavelli demonstrates in The Prince, the Discourses, and the Florentine Histories that republics with senates, such as ancient Rome, manage to mollify aristocratic insolence, while those lacking them, like modern Florence, permit such insolence to proliferate unchecked. Moreover, Machiavelli intimates, republics that collectively gather nobles within senate chambers are afforded the opportunity to entirely eliminate aristocratic insolence. The essay concludes with an analysis of senatorial institutions in Machiavelli's “Discursus on Florentine Matters.”
Leo Strauss, in Philosophy and Law (1935), offers Platonic theocracy as a more just and stable political alternative to both liberalism and authoritarianism. Rather than merely a scholastic investigation of medieval Jewish and Islamic philosophy, I read the book as a programmatic endorsement of a morally perfectionist political order: a divinely legitimated and rationally justified “true” or “beautiful” state. Since human beings require political community to suppress their evil inclinations and promote their disposition toward the good, Strauss criticizes liberalism for contending that government should remain neutral regarding good and evil and modern authoritarianism for effectively committing idolatry by politically instrumentalizing theology. I demonstrate that Strauss’s long-neglected book is particularly relevant for our own “postsecular age,” an age when adherents of religious orthodoxy increasingly demand concessions from liberal democracies and resurgent state authoritarianism frequently cloaks itself in religious trappings.
Traditionally, Weimar cinema has been equated with the work of a handful of auteurist filmmakers and a limited number of canonical films. Often a single, limited phenomenon, "expressionist film," has been taken as synonymous with the cinema of the entire period. But in recent decades, such reductive assessments have been challenged by developments in film theory and archival research that highlight the tremendous richness and diversity of Weimar cinema. This widening of focus has brought attention to issues such as film as commodity; questions of technology and genre; transnational collaborations and national identity; effects of changes in socioeconomics and gender roles on film spectatorship; and connections between film and other arts and media. Such shifts have been accompanied by archival research that has made a cornucopia of new information available, now augmented by the increased availability of films from the period on DVD. This wealth of new source material calls fora re-evaluation of Weimar cinema that considers the legacies of lesser-known directors and producers, popular genres, experiments of the artistic avant-garde, and nonfiction films, all of which are aspects attended to by the essays in this volume.
Contributors: Ofer Ashkenazi, Jaimey Fisher, Veronika Fuechtner, Joseph Garncarz, Barbara Hales, Anjeana Hans, Richard W. McCormick, Nancy P.Nenno, Elizabeth Otto, Mihaela Petrescu, Theodore F. Rippey, Christian Rogowski, Jill Smith, Philipp Stiasny, Chris Wahl, Cynthia Walk, Valerie Weinstein, Joel Westerdale.
Christian Rogowski is Professor of German at Amherst College.
T his article argues against prevailing scholarly trends that the Florentine Histories continues to delineate the ways through which Niccolò Machiavelli, in The Prince and the Discourses, advised potential founders or reformers to exploit, for their own benefit and that of their patria, the inevitable social conflicts between elites and the people that arise in all polities. Machiavelli demonstrates that, in particular, Giano della Bella and Michele di Lando could and should have attempted to imitate exemplary ancient founders and reformers whom he praises in previous works, especially Moses, Romulus, and Brutus. Machiavelli implicitly criticizes Giano and Michele for failing to spiritedly invigorate new laws with necessary and salutary violence; for neglecting to effectively manage the “envy” of rival peers; for not resisting the allure of “middle ways” between difficult political choices; and for failing to militarily organize or mobilize the entirety of Florence's common people.
Max Weber grappled with the rise of social democracy, the welfare state, or the Sozialstaat, most explicitly in the “sociology of law” sections of his posthumously published Economy and Society. Through a close reading of Weber’s text, this essay argues that the historical and analytic categories Weber deployed in his investigation of the Sozialstaat, its rise and its legal dimensions, were inadequate for an appropriate understanding of the phenomena and for the attempt to offer progressive prescriptions for their further development. Instead, by relying on a faulty historical logic, Weber obscured many realities of the Sozialstaat, and unwittingly laid the groundwork for the neo-conservative critique of the welfare state on both sides of the Atlantic. The essay concludes with some reflections on similar, “Weberian,” theoretical moves observable in literatures dealing with the most recent large-scale transformation of law and the state: the rise of the European Union.
The first line of Carl Schmitt's Political Theology is perhaps the most famous sentence—certainly one of the most infamous—in German political theory: “Sovereign is he who decides on the exception” [Souverän ist, wer über den Ausnahmezustand entscheidet]. And yet the full significance of this famous sentence is often underestimated. I intend to focus upon 1) its significance in the overall trajectory of Schmitt's Weimar work, and 2) its potential significance for contemporary constitutional theories of emergency powers.
Democrats should worry when philosophers begin to speak the language of “republicanism.” When philosophers espouse purportedly objective principles, such as the common good, the rule of law, depolitization – that is, normative standards that they claim will make democracy operate more justly – democrats should be very worried indeed. History teaches that this discourse of republicanism – of a common good not fully achievable through extensive popular participation and ultimate popular judgment – enjoys a rather dubious legacy. Republicanism, in its original forms, either prompted aristocratic coups against popular governments, or justified oligarchic consolidation once democratic regimes had been overthrown. On principle, neither of these outcomes is necessarily problematic for contemporary adherents of philosophical republicanism; after all, as I demonstrate in what follows, they value popular participation much less than they do policy outcomes that supposedly benefit the populace at large or track the common good. Minimal authorization of elite governance by common citizens, they suppose, is sufficient to promote and protect liberty.
Intensifying economic and political inequality poses a dangerous threat to the liberty of democratic citizens. Mounting evidence suggests that economic power, not popular will, determines public policy, and that elections consistently fail to keep public officials accountable to the people. McCormick confronts this dire situation through a dramatic reinterpretation of Niccolò Machiavelli's political thought. Highlighting previously neglected democratic strains in Machiavelli's major writings, McCormick excavates institutions through which the common people of ancient, medieval and Renaissance republics constrained the power of wealthy citizens and public magistrates, and he imagines how such institutions might be revived today. It reassesses one of the central figures in the Western political canon and decisively intervenes into current debates over institutional design and democratic reform. McCormick proposes a citizen body that excludes socioeconomic and political elites and grants randomly selected common people significant veto, legislative and censure authority within government and over public officials.
I heartily thank Jeffrey Winters for his sharp and insightful, generous yet critical, review of Machiavellian Democracy. I will confine my response to Winters's two most penetrating criticisms of the book.
In democracies, the rich protect their freedom with wealth, and the people protect theirs with laws. This notion, associated with Demosthenes in classical Athens, and revived by Leonardo Bruni in republican Florence, imputes a roughly fair equilibrium to popular government: Private wealth and public institutions, so the truism goes, combine in democracies to ensure that both wealthy and common citizens live with fewer arbitrary restrictions on their behavior than in any other kind of regime.
The grandi's ambition will soon destroy a polity if not subdued in various ways and through various modes.… Rome would have become servile much sooner if the plebs had not always checked the nobility's ambition.
Machiavelli, Discourses I.37
In polities like Rome and Athens, the people are princes.…
Machiavelli, Discourses I.58
James Madison famously redefined republics as regimes characterized by electoral representation and by “the total exclusion of the people in their collective capacity” from the workings of government. Very shortly then before “democracy” would reappear on the Western political horizon, Madison, like most of his fellow eighteenth-century republicans, had already precluded from the democratic agenda prominent features of earlier popular governments or governi larghi: class-specific magistracies or assemblies; socioeconomically unbiased methods for selecting public officials; and formalized procedures through which citizens directly deliberate over and decide public affairs. Madison's rationale was not quantitative but qualitative: it was not the scale of modern regimes that necessitated representation but rather the assumption that elections conducted over large territories would generally produce the “best” statesmen. Arguably, the aristocratic character of elections and the abandonment of class-specific or directly participatory practices portended the pacification of modern democracy before its triumph.
True enough, Madison was less elitist than most of his American contemporaries, and he would become more politically egalitarian not long after the ratification of the U.S. Constitution, when he helped found the first political party in history to adopt the designation “democratic.”
Men are kept better and less ambitious longer through fear of punishment.
Machiavelli, Discourses, I.29
In Rome, the people ordinarily wielded authority over the blood of fellow citizens.
Machiavelli, Discourses, I.49
Freedom is the sine qua non of popular government. Political actors and political philosophers dating back as far as Pericles and Aristotle convincingly attest to this fact. Yet the freedom so prevalent in governi larghi or democracies, ancient and modern, often allows citizens with considerable material resources and the cultural capital of family and personal reputation to enjoy these advantages at the expense of less privileged citizens. Obviously, if “liberty” is to be more than an empty slogan or an ideology permitting haves to oppress have-nots, common citizens must live unmolested and unthreatened by fellow citizens of whatever rank. Such liberty is, however, notoriously difficult to achieve and maintain: ordinary citizens intimidated by the prospect of retaliation by those with greater economic, political, or social wherewithal will not readily accuse, indict, or convict abusive and self-aggrandizing members of the privileged classes. How can the common people, in addition to well-intentioned but perhaps vulnerable public officials, confidently take steps that protect genuine freedom for all citizens? Absent political institutions that allow them to do so safely and without disrupting public order, “republican liberty” signifies nothing but the freedom of wolves among lambs.
I declare that a people is more prudent, more stable and judges better than a prince.
Machiavelli, Discourses I.58
The people, when deceived by a false notion of the good, often desires its own ruin.
Machiavelli, Discourses I.53
Machiavelli's prescriptions for a widely inclusive and popularly empowered form of government rest on a remarkably favorable assessment of the common people's abilities, especially their capacity for political judgment. In previous chapters, I accentuated Machiavelli's arguments concerning the people's humor not to be dominated and demonstrated how these arguments undergird his case for democratic republics or governi larghi. In this chapter, I examine Machiavelli's arguments in favor of popular judgment and his various engagements with the serious criticisms of the people's capacities voiced by advocates of principalities or oligarchic republics. Machiavelli identifies at least three arenas in which the people exercise better judgment than do any other political actors, specifically, princes and the few: deciding political trials, appointing magistrates, and creating legislation.
Virtually every aristocratic critic of the people denies the latter authority to decide political trials, and most of them strongly advise against granting the people direct judgment over legislation. In general, such critics, when countenancing any popular participation at all, confine such participation to the appointment of magistrates through general elections. Beyond endorsing the popular election of public officials, however, Machiavelli also recommends widely participatory, substantively deliberative procedures through which the people refine their judgments over both political prosecutions and the law.