Abstract
Inspired by the late medieval doctrine of the King’s Two Bodies, the dual understanding of “the people,” both as a multitude and as a corporate whole, enjoys a long pedigree in the history of political thought. This chapter connects different apprehensions of the people with different attitudes toward compromise. The first part traces back to the medieval times the connection between compromise and the dual understanding of the people—as a corporation hierarchically ordered, on the one hand, and as an untrustworthy multitude, on the other one. Yet starting with early modernity, this second understanding of the people as a multitude of equal individuals enjoyed a drastic reconsideration. As the second part of the chapter shows, thanks to the Puritan bi-dimensional covenant, in the New World the idea of equal individuals consenting to form a new political body was far from being a mere philosophical idea. It became a living reality. At the same time, once this body was formed as a corporation the details of setting up a specific form of government and its daily running was trusted in the hands of an elected aristocracy of merit. As a result, the American founding was shaped by a dual apprehension of the people and an ambivalent attitude toward compromise. In the concluding remarks, I argue that these historical lessons, properly understood, remain relevant for many contemporary challenges, not just in the USA, but all across the world.
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Notes
- 1.
See the examples offered in Kantorowicz (1997 [1957]: 209–10).
- 2.
One could argue that the “people’s two bodies” label is inaccurate, since as a multitude the people have not one distinct body, like they do in the corporate understanding. However, the expression “the body of the people” is currently used mostly in reference to a multitude of voices, which makes the distinction implied by the label even more useful. One should also remember the frontispiece of the 1651 edition of Hobbes’s Leviathan, by Abraham Bosse, “with creative inputs” from Thomas Hobbes, in which the body of the sovereign is made up by tiny little persons.
- 3.
Although the formula of “the people’s two bodies” has been previously used, the interpretation offered here differs drastically from the ones proposed by Wolin (1981) and by Santner (2011). On the one hand, Wolin identifies in the American tradition a politically active, democratic body, and an essentially passive, economic, and antidemocratic one. On the other hand, Santner focuses on the modern transference of sovereignty from the King’s Two Bodies to the people’s two bodies, mainly from a psychoanalytical perspective centered on the idea of “corporeality.” Morgan (1989), whose chapter four is entitled “The People’s Two Bodies” comes closer, distinguishing between people as subjects and people as rulers, and between the power to govern and the power to determine the form of government. See also Fumurescu (2018) and Fumurescu (forthcoming).
- 4.
See, for example, King (2012: 100).
- 5.
Ibid., 130–150.
- 6.
Donald S. Lutz (1980), Popular Consent and Popular Control: Whig Political Theory in the Early State Constitutions (Baton Rouge: Louisiana State University Press).
- 7.
When it comes to interpreting the founding through “republican” versus “liberal” lenses, the literature is by now too voluminous to review. Suffice is to say, with the risk of simplifying, that among the promoters of the republican readers one finds scholars such as Barnard Baylin, Gordon Wood, and J.G.A. Pocock, while on the liberal camp, names such as Joyce Appleby, Isaac Kramnick, Thomas Pangle, Michael Zuckert, or Mark Hulliung. Most of them and some of their disciples will be mentioned and quoted throughout this book.
- 8.
It would be undoubtedly interesting to analyze how Rousseau’s distinction between the General Will and the will of all (as simple majority of individual wills) relates with the paradigm of the people’s two bodies. It would constitute, however, an entire project in itself.
- 9.
This understanding was common in both Western Europe and the Byzantine Empire. See Kaldellis (2015) for a similar argument and a wealth of examples.
- 10.
For more details and examples, see Fumurescu (2013), Chapter Three.
- 11.
It is no accident if “identity” and “identical” share a common etymology—id-ens.
- 12.
For the famous tri-partition, see Elazar (1972).
- 13.
See, for example, Robertson (2015).
Bibliography
Achen, C. H., & Bartels, L. M. (2016). Democracy for Realists: Why Elections Do Not Produce Responsive Government. Princeton: Princeton University Press.
Anonymous (1763). Some Thoughts on the Settlements and Government on our Colonies in North America, 10 March 1763, Add. Mss (Liverpool Papers), British Library. Quoted in J. P. Greene. (1982). The Background of the Articles of Confederation. Publius, 12(4), 15–44.
Augustine. (1958). City of God (Intro. by Etienne Gilson). New York: Image Books.
Black, A. (1988). The Individual and Society. In J. H. Burns (Ed.), The Cambridge History of Medieval Political Thought (pp. 588–606). Cambridge: Cambridge University Press.
Bodin, J. (1955). Six Books of the Commonwealth (Abr. and Trans. by M. J. Tooley). Oxford: Basil Blackwell.
Brown, D. S. (2016). Moderates: The Vital Center of American Politics, from the Founding to Today. Chapel Hill: University of North Carolina Press.
Burnet, G. (1688). An Inquiry Into the Measures of Submission to the Supreme Authority; And of the Grounds Upon Which It May Be Lawful or Necessary for Subjects to Defend Their Religion, Lives, and Liberties. London: [s.n.]. Available online at https://quod.lib.umich.edu/e/eebo/A30362.0001.001?view=toc. Accessed 1 Oct 2019.
Canning, J. (1987). The Political Thought of Baldus de Ubaldis. Cambridge: Cambridge University Press.
Charron, P. (1604) [1986]. De la sagesse (Texte revu par Barbara de Negroni). Paris: Fayard.
Ciepley, D. (2017). Is the U.S. Government a Corporation? The Corporate Genesis of Modern Constitutionalism. American Political Science Review, 111(2), 418–435.
Comparato, V. I. (2006). A Case of Modern Individualism: Politics and the Uneasiness of Intellectuals in the Baroque Age. In J. Coleman (Ed.), The Individual in Political Theory and Practice (pp. 148–170). Oxford: Clarendon Press.
Condren, C. (2006). Argument and Authority in Early Modern England: The Presupposition of Oaths and Offices. Cambridge: Cambridge University Press.
de Bèze, T. [1970]. Du Droit des Magistrats, R. M. Kingdon (Ed.). Geneva: Librairie Droz.
Elazar, D. J. (1972). American Federalism: A View from the States. New York: Thomas Y. Crowell.
Farr, J. (1989). Understanding Conceptual Change Politically. In T. Ball, J. Farr, & R. L. Hanson (Eds.), Political Innovation and Conceptual Change (pp. 24–49). Cambridge: Cambridge University Press.
Foster, S. (1991). The Long Argument – English Puritanism and the Shaping of New England Culture, 1570–1700. Chapel Hill: The University of North Carolina Press.
Fumurescu, A. (2013). Compromise: A Political and Philosophical History. Cambridge: Cambridge University Press.
Fumurescu, A. (2018). The People’s Two Bodies: An Alternative Perspective on Populism and Elitism. Political Research Quarterly, 71(4), 842–853.
Fumurescu, A. (forthcoming). Compromise and the American Founding: The Quest for the Elusive People’s Two Bodies. Cambridge: Cambridge University Press.
Gibson, A. (2007). Understanding the Founding: The Crucial Questions. Lawrence: University Press of Kansas.
Goering, J. (2008). The Internal Forum and the Literature of Penance and Confession. In W. Hartmann & K. Pennington (Eds.), The History of Medieval Canon Law in the Classical Period, 1140–1234: From Gratian to the Decretals of Pope Gregory IX (pp. 379–380). Washington, DC: Catholic University of America Press.
Hamilton, A., John, J., & James, M. (2001). The Federalist (The Gideon Edition). Indianapolis: Liberty Fund.
Hobbes, T. (1994) [1688]. Leviathan. Indianapolis/Cambridge: Hackett Publishing Inc.
Jensen, M. (1970). The Articles of Confederation: An Interpretation of the Social-Constitutional History of the American Revolution, 1774–1781. Madison: University Wisconsin Press.
Kaldellis, A. (2015). The Byzantine Republic: People and Power in New Rome. Cambridge, MA: Harvard University Press.
Kantorowicz, E. H. (1997) [1957]. The King’s Two Bodies: A Study in Medieval Political Theology (pp. 209–10). Princeton: Princeton University Press.
King, S. A. (2012). The Founding Fathers v. The People. Cambridge, MA: Harvard University Press.
Knupfer, P. B. (1991). The Union As It Is: Constitutional Unionism and Sectional Compromise, 1787–1861. Chapel Hill/London: The University of North Carolina Press.
Lincoln, A. (1861). Message to Congress in Special Session. In The Abraham Lincoln Association (Ed.), The Collected Works of Abraham Lincoln (1953) (Vol. 4). New Brunswick: Rutgers University Press.
Lutz, D. S. (1988). The Origins of American Constitutionalism. Baton Rouge: Louisiana State University Press.
Lutz, D. S. (1990). The Articles of Confederation as the Background to the Federal Republic. Publius, 20(1), 55–70.
Machiavelli, N. (1977). The Prince. New York: W. W. Norton.
Madison, J. (1985). Notes of Debates in the Federal Convention of 1797. Athens: Ohio University Press.
McConville, B. (2006). The King’s Three Faces: The Rise and Fall of Royal America, 1688–1776. Chapel Hill: University of North Carolina Press.
Morgan, E. S. (1989). Inventing the People. The Rise of Popular Sovereignty in England and America. New York; London: W. W. Norton.
Nelson, E. (2011). Patriot Royalism: The Stuart Monarchy in American Political Thought, 1769–75. The William and Mary Quarterly, 68(4), 533–596.
Noll, M. A. (2002). America’s God – From Jonathan Edwards to Abraham Lincoln. Oxford: Oxford University Press.
Rhoden, N. L. (2013). The American Revolution (I) – The Paradox of Atlantic Integration. In S. Foster (Ed.), British North America in the Seventeenth and Eighteenth Centuries (pp. 255–287). Oxford: Oxford University Press.
Robertson, A. W. (2015). Jeffersonian Parties, Politics, and Participation: The Tortuous Trajectory of American Democracy. In D. Peart & A. I. P. Smith (Eds.), Practicing Democracy. Popular Politics in the United States from the Constitution to the Civil War (pp. 99–122). Charlottesville: University of Virginia Press.
Rosanvallon, P. (2004). Le Modèle politique Français—La société civile contre le jacobinisme de 1789 à nos jours. Paris: Editions du Seuil.
Ryerson, R. A. (2016). John Adams’s Republic: The One, the Few, and the Many. Baltimore: John Hopkins University Press.
Salmon, J. H. M. (2007). France. In H. A. Lloyd, G. Burgess, & S. Hodson (Eds.), European Political Thought: 1450–1700 (pp. 458–497). New Haven and London: Yale University Press.
Santner, E. L. (2011). The Royal Remains: The People’s Two Bodies and the Endgames of Sovereignty. Chicago: University of Chicago Press.
Shain, B. A. (Ed.). (2014). The Declaration of Independence in Historical Context: American State Papers, Petitions, Proclamations & Letters of the Delegates in the First National Congress. New Haven/London: Yale University Press.
Simmel, G. (1950). The Sociology of George Simmel. New York: The Free Press.
Stourzh, G. (1970). Alexander Hamilton & the Idea of Republican Government. Stanford CA: Stanford University Press.
Stourzh, G. (2010) [1970]. From Vienna to Chicago and Back: Essays on Intellectual History and Political Thought in Europe and America. Chicago: University of Chicago Press.
Tocqueville, A. (2004). Democracy in America. New York: The Library of America.
Wolin, S. S. (1981). People’s Two Bodies. Democracy: A Journal of Political Renewal and Radical Change, 1(1), 9–24.
Zuckert, M. P. (2005). Natural Rights and Imperial Constitutionalism: The American Revolution and the Development of the American Amalgam. In E. F. Paul, F. D. Miller Jr., & J. Paul (Eds.), Natural Rights Liberalism from Locke to Nozick (pp. 27–55). Cambridge: Cambridge University Press.
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Fumurescu, A. (2020). Compromise and the People’s Two Bodies. In: Baume, S., Novak, S. (eds) Compromises in Democracy. Palgrave Studies in Compromise after Conflict. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-40802-2_2
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