This chapter argues that Vico’s philosophy, Kant’s transcendentalism, and Victor Cousin’s eclecticism, were merged together by legal thinkers in Naples in 1830s and 1840s to forge a philosophical foundation for law based on universal principles and derived from the study of society. The adoption of Hegel in Naples transformed Vico’s philosophy of history into the dialectical unfolding of an absolute rationality identified with the idea of freedom. According to Neapolitan thinkers, Hegel’s philosophy of history became the realization of a universal reason that was acknowledged as the idea of freedom. Building on Vico, Hegel’s philosophy of history disclosed to Neapolitan legal thinkers the universal law that guided the progress of all nations. By drawing on Hegel and Vico the Neapolitan Hegelians were endeavouring to establish the principle of nationality as the expression of both inner liberty and the political liberty that unfolds within historical institutions.

J. S. Mill in the 1830s and early 1840s, Barrell argues, thought extensively about the practical problems of historical enquiry. His progressive theory of historiography, sketched in the article on Jules Michelet, rejected presentism and the resort to ‘everyday experience’. This rejection was bolstered by his reception of German Historismus, Romanticism, and ‘Continental’ philosophy, all of which set out to de-familiarise and imaginatively reconstruct the past. The best modern historians, J. S. Mill argued, were more attentive than their eighteenth-century predecessors to the past’s animating uniqueness, and it is significant that Hume, Gibbon, and other eighteenth-century luminaries barely featured in his account. At the same time, his defence of general principles provided continuities with Scottish philosophical history and the utilitarian tradition in which he was raised. Thomas Carlyle’s account of the French Revolution, while innocent of presentism, was ultimately conjectural and uncritical, whereas Grote’s History of Greece combined criticism with philosophical insight, placing it somewhere between the second and third stages of historical enquiry.

This chapter examines J. S. Mill’s writings on universal history, beginning with his reviews of Jules Michelet, François Guizot, and Henry Buckle, and ending with Alexis de Tocqueville’s prophetic account of democracy and Mill’s timely socialism. Barrell argues that we must take seriously the two historical perspectives from which Mill theorised politics: the first looked to the special causes which determined the timeliness or untimeliness of a given doctrine, reform, or phenomenon, while the latter looked to general causes and the region of ultimate aims. The first depended logically on the second. Any attempt to historicise the study of politics – by making laws relative to time and place, for example – must reckon with civilisation’s provisional trends. The debate surrounding Mill’s universalism and relativism, Barrell concludes, can be helpfully understood in these terms. While Mill’s argument is difficult to credulously follow, his intentions were clear: general and special circumstances always coexisted, and because they coexisted the past was both irreducibly distinct and uniform in its development. One consequence of this intellectual remapping might be to re-establish continuities between the eighteenth and nineteenth centuries, in keeping with Mill’s self-professed eclecticism.