Saturday, June 17, 2017

Machiavelli: “The Discourses on Livy”: Liberty and Conflict

While The Prince is doubtless the most widely read of his works, the Discourses on the Ten Books of Titus Livy perhaps most honestly expresses Machiavelli's personal political beliefs and commitments, in particular, his republican sympathies. The Discourses certainly draw upon the same reservoir of language and concepts that fed The Prince, but the former treatise leads us to draw conclusions quite different from—many scholars have said contradictory to—the latter. In particular, across the two works, Machiavelli consistently and clearly distinguishes between a minimal and a full conception of “political” or “civil” order, and thus constructs a hierarchy of ends within his general account of communal life. A minimal constitutional order is one in which subjects live securely (vivere sicuro), ruled by a strong government which holds in check the aspirations of both nobility and people, but is in turn balanced by other legal and institutional mechanisms. In a fully constitutional regime, however, the goal of the political order is the freedom of the community (vivere libero), created by the active participation of, and contention between, the nobility and the people. As Quentin Skinner (202, 189–212) has argued, liberty forms a value that anchors Machiavelli's political theory and guides his evaluations of the worthiness of different types of regimes. Only in a republic, for which Machiavelli expresses a distinct preference, may this goal be attained.

Machiavelli adopted this position on both pragmatic and principled grounds. During his career as a secretary and diplomat in the Florentine republic, Machiavelli came to acquire vast experience of the inner workings of French government, which became his model for the “secure” (but not free) polity. Although Machiavelli makes relatively little comment about the French monarchy in The Prince, he devotes a great deal of attention to France in the Discourses.

Why would Machiavelli effusively praise (let alone even analyze) a hereditary monarchy in a work supposedly designed to promote the superiority of republics? The answer stems from Machiavelli's aim to contrast the best case scenario of a monarchic regime with the institutions and organization of a republic. Even the most excellent monarchy, in Machiavelli's view, lacks certain salient qualities that are endemic to properly constituted republican government and that make the latter constitution more desirable than the former.

Machiavelli asserts that the greatest virtue of the French kingdom and its king is the dedication to law. “The kingdom of France is moderated more by laws than any other kingdom of which at our time we have knowledge,” Machiavelli declares (Machiavelli 1965, 314, trans. altered). The explanation for this situation Machiavelli refers to the function of the Parlement. “The kingdom of France,” he states, “lives under laws and orders more than any other kingdom. These laws and orders are maintained by Parlements, notably that of Paris: by it they are renewed any time it acts against a prince of the kingdom or in its sentences condemns the king. And up to now it has maintained itself by having been a persistent executor against that nobility” (Machiavelli 1965, 422). These passages of the Discourses seem to suggest that Machiavelli has great admiration for the institutional arrangements that obtain in France. Specifically, the French king and the nobles, whose power is such that they would be able to oppress the populace, are checked by the laws of the realm which are enforced by the independent authority of the Parlement. Thus, opportunities for unbridled tyrannical conduct are largely eliminated, rendering the monarchy temperate and “civil.”

Yet such a regime, no matter how well ordered and law-abiding, remains incompatible with vivere libero. Discussing the ability of a monarch to meet the people's wish for liberty, Machiavelli comments that “as far as the … popular desire of recovering their liberty, the prince, not being able to satisfy them, must examine what the reasons are that make them desire being free” (Machiavelli 1965, 237). He concludes that a few individuals want freedom simply in order to command others; these, he believes, are of sufficiently small number that they can either be eradicated or bought off with honors. By contrast, the vast majority of people confuse liberty with security, imagining that the former is identical to the latter: “But all the others, who are infinite, desire liberty in order to live securely (vivere sicuro)” (Machiavelli 1965, 137). Although the king cannot give such liberty to the masses, he can provide the security that they crave.

    “As for the rest, for whom it is enough to live securely (vivere sicuro), they are easily satisfied by making orders and laws that, along with the power of the king, comprehend everyone's security. And once a prince does this, and the people see that he never breaks such laws, they will shortly begin to live securely (vivere sicuro) and contentedly”(Machiavelli 1965, 237).

Machiavelli then applies this general principle directly to the case of France, remarking that “the people live securely (vivere sicuro) for no other reason than that its kings are bound to infinite laws in which the security of all their people is comprehended” (Machiavelli 1965, 237). The law-abiding character of the French regime ensures security, but that security, while desirable, ought never to be confused with liberty. This is the limit of monarchic rule: even the best kingdom can do no better than to guarantee to its people tranquil and orderly government.

Machiavelli holds that one of the consequences of such vivere sicuro is the disarmament of the people. He comments that regardless of “how great his kingdom is,” the king of France “lives as a tributary” to foreign mercenaries.

    “This all comes from having disarmed his people and having preferred … to enjoy the immediate profit of being able to plunder the people and of avoiding an imaginary rather than a real danger, instead of doing things that would assure them and make their states perpetually happy. This disorder, if it produces some quiet times, is in time the cause of straitened circumstances, damage and irreparable ruin “(Machiavelli 1965, 410).

A state that makes security a priority cannot afford to arm its populace, for fear that the masses will employ their weapons against the nobility (or perhaps the crown). Yet at the same time, such a regime is weakened irredeemably, since it must depend upon foreigners to fight on its behalf. In this sense, any government that takes vivere sicuro as its goal generates a passive and impotent populace as a inescapable result. By definition, such a society can never be free in Machiavelli's sense of vivere libero, and hence is only minimally, rather than completely, political or civil.

Confirmation of this interpretation of the limits of monarchy for Machiavelli may be found in his further discussion of the disarmament of the people, and its effects, in The Art of War. Addressing the question of whether a citizen army is to be preferred to a mercenary one, he insists that the liberty of a state is contingent upon the military preparedness of its subjects. Acknowledging that “the king [of France] has disarmed his people in order to be able to command them more easily,” Machiavelli still concludes “that such a policy is … a defect in that kingdom, for failure to attend to this matter is the one thing that makes her weak” (Machiavelli 1965, 584, 586–587). In his view, whatever benefits may accrue to a state by denying a military role to the people are of less importance than the absence of liberty that necessarily accompanies such disarmament. The problem is not merely that the ruler of a disarmed nation is in thrall to the military prowess of foreigners. More crucially, Machiavelli believes, a weapons-bearing citizen militia remains the ultimate assurance that neither the government nor some usurper will tyrannize the populace. “So Rome was free four hundred years and was armed; Sparta, eight hundred; many other cities have been unarmed and free less than forty years” (Machiavelli 1965, 585). Machiavelli is confident that citizens will always fight for their liberty—against internal as well as external oppressors. Indeed, this is precisely why successive French monarchs have left their people disarmed: they sought to maintain public security and order, which for them meant the elimination of any opportunities for their subjects to wield arms. The French regime, because it seeks security above all else (for the people as well as for their rulers), cannot permit what Machiavelli takes to be a primary means of promoting liberty.

The case of disarmament is an illustration of a larger difference between minimally constitutional systems such as France and fully political communities such as the Roman Republic, namely, the status of the classes within the society. In France, the people are entirely passive and the nobility is largely dependent upon the king, according to Machiavelli's own observations. By contrast, in a fully developed republic such as Rome's, where the actualization of liberty is paramount, both the people and the nobility take an active (and sometimes clashing) role in self-government (McCormick 2011). The liberty of the whole, for Machiavelli, depends upon the liberty of its component parts. In his famous discussion of this subject in the Discourses, he remarks,

    “To me those who condemn the tumults between the Nobles and the Plebs seem to be caviling at the very thing that was the primary cause of Rome's retention of liberty…. And they do not realize that in every republic there are two different dispositions, that of the people and that of the great men, and that all legislation favoring liberty is brought about by their dissension” (Machiavelli 1965, 202–203).

Machiavelli knows that he is adopting an unusual perspective here, since customarily the blame for the collapse of the Roman Republic has been assigned to warring factions that eventually ripped it apart. But Machiavelli holds that precisely the same conflicts generated a “creative tension” that was the source of Roman liberty. For “those very tumults that so many inconsiderately condemn” directly generated the good laws of Rome and the virtuous conduct of its citizens (Machiavelli 1965, 202). Hence, “Enmities between the people and the Senate should, therefore, be looked upon as an inconvenience which it is necessary to put up with in order to arrive at the greatness of Rome” (Machiavelli 1965, 211). Machiavelli thinks that other republican models (such as those adopted by Sparta or Venice) will produce weaker and less successful political systems, ones that are either stagnant or prone to decay when circumstances change.

Popular Liberty and Popular Speech

Machiavelli evinces particular confidence in the capacity of the people to contribute to the promotion of communal liberty. In the Discourses, he ascribes to the masses a quite extensive competence to judge and act for the public good in various settings, explicitly contrasting the “prudence and stability” of ordinary citizens with the unsound discretion of the prince. Simply stated, “A people is more prudent, more stable, and of better judgment than a prince” (Machiavelli 1965, 316). This is not an arbitrary expression of personal preference on Machiavelli's part. He maintains that the people are more concerned about, and more willing to defend, liberty than either princes or nobles (Machiavelli 1965, 204–205). Where the latter tend to confuse their liberty with their ability to dominate and control their fellows, the masses are more concerned with protecting themselves against oppression and consider themselves “free” when they are not abused by the more powerful or threatened with such abuse (Machiavelli 1965, 203). In turn, when they fear the onset of such oppression, ordinary citizens are more inclined to object and to defend the common liberty. Such an active role for the people, while necessary for the maintenance of vital public liberty, is fundamentally antithetical to the hierarchical structure of subordination-and-rule on which monarchic vivere sicuro rests. The preconditions of vivere libero simply do not favor the security that is the aim of constitutional monarchy.

One of the main reasons that security and liberty remain, in the end, incompatible for Machiavelli—and that the latter is to be preferred—may surely be traced to the “rhetorical” character of his republicanism. Machiavelli clearly views speech as the method most appropriate to the resolution of conflict in the republican public sphere; throughout the Discourses, debate is elevated as the best means for the people to determine the wisest course of action and the most qualified leaders. The tradition of classical rhetoric, with which he was evidently familiar, directly associated public speaking with contention: the proper application of speech in the realms of forensic and deliberative genres of rhetoric is an adversarial setting, with each speaker seeking to convince his audience of the validity of his own position and the unworthiness of his opponents'. This theme was taken up, in turn, by late medieval Italian practitioners and theorists of rhetoric, who emphasized that the subject matter of the art was lite (conflict). Thus, Machiavelli's insistence upon contention as a prerequisite of liberty also reflects his rhetorical predilections (Viroli 1998). By contrast, monarchic regimes—even the most secure constitutional monarchies such as France—exclude or limit public discourse, thereby placing themselves at a distinct disadvantage. It is far easier to convince a single ruler to undertake a disastrous or ill-conceived course of action than a multitude of people. The apparent “tumult” induced by the uncertain liberty of public discussion eventually renders more likely a decision conducive to the common good than does the closed conversation of the royal court.

This connects to the claim in the Discourses that the popular elements within the community form the best safeguard of civic liberty as well as the most reliable source of decision-making about the public good. Machiavelli's praise for the role of the people in securing the republic is supported by his confidence in the generally illuminating effects of public speech upon the citizen body. Near the beginning of the first Discourse, he notes that some may object to the extensive freedom enjoyed by the Roman people to assemble, to protest, and to veto laws and policies. But he responds that the Romans were able to

   “ Maintain liberty and order because of the people's ability to discern the common good when it was shown to them. At times when ordinary Roman citizens wrongly supposed that a law or institution was designed to oppress them, they could be persuaded that their beliefs are mistaken … [through] the remedy of assemblies, in which some man of influence gets up and makes a speech showing them how they are deceiving themselves. And as Tully says, the people, although they may be ignorant, can grasp the truth, and yield easily when told what is true by a trustworthy man” (Machiavelli 1965, 203).

The reference to Cicero (one of the few in the Discourses) confirms that Machiavelli has in mind here a key feature of classical republicanism: the competence of the people to respond to and support the words of the gifted orator when he speaks truly about the public welfare.

Machiavelli returns to this theme and treats it more extensively at the end of the first Discourse. In a chapter intended to demonstrate the superiority of popular over princely government, he argues that the people are well ordered, and hence “prudent, stable and grateful,” so long as room is made for public speech and deliberation within the community. Citing the formula vox populi, vox dei, Machiavelli insists that

   “ Public opinion is remarkably accurate in its prognostications…. With regard to its judgment, when two speakers of equal skill are heard advocating different alternatives, very rarely does one find the people failing to adopt the better view or incapable of appreciating the truth of what it hears” (Machiavelli 1965, 316).

Not only are the people competent to discern the best course of action when orators lay out competing plans, but they are in fact better qualified to make decisions, in Machiavelli's view, than are princes. For example, “the people can never be persuaded that it is good to appoint to an office a man of infamous or corrupt habits, whereas a prince may easily and in a vast variety of ways be persuaded to do this” (Machiavelli 1965, 316). Likewise, should the people depart from the law-abiding path, they may readily be convinced to restore order: “For an uncontrolled and tumultuous people can be spoken to by a good man and easily led back into a good way. But no one can speak to a wicked prince, and the only remedy is steel…. To cure the malady of the people words are enough” (Machiavelli 1965, 317). The contrast Machiavelli draws is stark. The republic governed by words and persuasion—in sum, ruled by public speech—is almost sure to realize the common good of its citizens; and even should it err, recourse is always open to further discourse. Non-republican regimes, because they exclude or limit discursive practices, ultimately rest upon coercive domination and can only be corrected by violent means.

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