Wednesday, December 9, 2020

Jean Bodin

 

The humanist philosopher and jurist Jean Bodin was one of the most prominent political thinkers of the sixteenth century. His reputation is largely based on his account of sovereignty which he formulated in the Six Books of the Commonwealth. Bodin lived at a time of great upheaval, when France was ravaged by the wars of religion between the Catholics and the Huguenots. He was convinced that peace could be restored only if the sovereign prince was given absolute and indivisible power of the state. Bodin believed that different religions could coexist within the commonwealth. His tolerance in religious matters has often been emphasized. He was also one of the first men to have opposed slavery.

 

Bodin was extremely erudite, and his works discuss a wide variety of topics, extending from natural philosophy and religion to education, political economy, and historical methodology. Natural philosophy and religion where intimately correlated for Bodin. Furthermore, he sought to reform the judicial system of France, and he formulated one of the earliest versions of the quantitative theory of money. Bodin held a superstitious belief about the existence of angels and demons; his works cover topics such as demonology and witchcraft, and include extensive passages on astrology and numerology.

 

Life and Career

Jean Bodin’s last will and testament, dated 7th June 1596, states that he was 66 years old when he died. He was therefore born in either 1529 or 1530, the youngest of seven children, four of whom were girls. Bodin’s father, Guillaume Bodin, was a wealthy merchant and a member of the bourgeoisie of Angers. Very little is known of his mother beyond that her name was Catherine Dutertre and that she died before the year 1561.

 

Bodin joined the Carmelite brotherhood at an early age. Surviving documents tell us that he was released from his vows a few years later. He is known to have studied, and later, taught law at the University of Toulouse during the 1550s. Bodin was unable to obtain a professorship at the university, and this may have driven him away from Toulouse and academic life. During the 1560s, he worked as an advocate at the Parlement of Paris.

 

Bodin’s first major work, the Method for the Easy Understanding of History (Methodus ad facilem historiarum cognitionem) was published in 1566, the same year that saw the death of his father. Bodin’s most famous work, the Six Books of the Commonwealth (Six livres de la République) was published ten years later, in 1576. In 1570, Bodin was commissioned by the French King Charles IX for the reformation of forest tenures in Normandy. He was at the very heart of French political power in the 1570s – first during the reign of Charles IX and also, after Charles’ death in 1574, during the reign of his brother, Henri III. In 1576, Bodin lost the favor of King Henri III after he opposed, among other things, the king’s fiscal policies during the States General of Blois where Bodin served as representative for the third estate of Vermandois.

 

Bodin settled in Laon during the last two decades of his life. He had moved there shortly after marrying the widow of a Laon official, Françoise Trouilliart (or Trouillard) in 1576. Bodin sought employment with the Duke of Alençon, the king’s youngest brother. The duke aspired to marry Queen Elizabeth of England. During one of the duke’s trips to London, Bodin accompanied him. In 1582, Bodin followed Alençon to Antwerp, where Alençon sided with the Low Countries in their revolt against Spain. Bodin was appointed Master of Requests and counselor (maître des requêtes et conseiller) to the duke in 1583. He retired from national politics after Alençon’s sudden death in 1584. Following the death of his brother-in-law, Bodin succeeded him in office as procureur du roi, or Chief Public Prosecutor, for Laon in 1587.

 

Bodin wrote two notable works toward the end of his life; his Colloquium of the Seven about Secrets of the Sublime (Colloquium heptaplomeres de rerum sublimium arcanis abditis) is an engaging dialogue in favor of religious tolerance. Bodin’s main contribution in the field of natural philosophy, the Theater of Nature (Universae naturae theatrum) was first published in 1596, the same year that Bodin died of the plague. He was given a Catholic burial in the Franciscan church of Laon.

 

Method for the Easy Comprehension of History

Bodin’s Methodus ad facilem historiarum cognitionem (Method for the Easy Comprehension of History) was first published in 1566, and revised in 1572. It is Bodin’s first important work and contains many of the ideas that are developed further in his other key systematic works. Some of them are human history, natural history, and divine history, later elaborated in the République, the Theatrum, and the Colloquium heptaplomeres respectively. Bodin’s purpose in writing the Methodus was to expose the art and method to be used in the study of history. His desire to elaborate a system and to synthesize all existing knowledge is easily detectable in the Methodus.

 

The first four chapters of the Methodus are largely a discussion concerning methodology. History and its different categories are defined in Chapter One. Chapters II and III discuss the order in which historical accounts are to be read, and the correct order for arranging all material. Chapter IV elucidates the choice of historians; it may be considered as an exposition of Bodin’s method for a critical study of history, that the student of history should move from generalized accounts to more detailed narratives. Reading should begin from the earliest times of recorded history and the reader should naturally progress towards more recent times. In order to obtain a thorough comprehension of the whole, certain other subjects – cosmography, geography, chorography, topography and geometry – are to be associated with the study of history. All material should be critically assessed; the background and training of historians must be taken into account, as well as their qualifications.

 

“In order, then, that the truth of the matter may be gleaned from histories, not only in the choice of individual authors but also in reading them we must remember what Aristotle sagely said, that in reading history it is necessary not to believe too much or disbelieve flatly (…)If we agree to everything in every respect, often we shall take true things for false and blunder seriously in administering the state. But if we have no faith at all in history, we can win no assistance from it.” (Bodin 1945, 42)

 

Of the ten chapters that constitute the Methodus, Chapter Six is by far the lengthiest, covering more than a third of the book, and it may be considered as a blueprint for the République. Chapters VII to IX seek to refute erroneous interpretations of history. Bodin’s first rebuttal concerns the myth, based on a biblical prophecy, of the four monarchies or empires as it was emphasized by many German Protestant theologians. Bodin’s second criticism concerns the idea of a golden age (and the superiority of the ancients in comparison with moderns). Furthermore, Bodin refutes the error of those who claim the independent origin of races. The final chapter of the Methodus contains a bibliography of universal history.

 

Methodology for the Study of History

There are three kinds of history, Bodin writes; divine, natural and human. The Methodus is an investigation into the third type, that is, the study of human actions and of the rules that govern them. Science is not concerned with particulars but with universals. Bodin therefore considers as absurd the attempts of jurisconsults to establish principles of universal jurisprudence from Roman decrees or, more generally, from Roman law, thus giving preference to one legal tradition. Roman law concerns the legislation of one particular state – and the laws of particular states are the subject of civil law—and as such change within a brief period of time. The correct study of law necessitates a different approach, one that was already described by Plato: the correct way to establish law and to govern a state is to bring together and compare the legal framework of all the states that have existed, and compile the very best of them. Together with other so-called legal humanists, like Budé, Alciat, and Connan, Bodin held that the proper understanding of universal law could only be obtained by combining the studies of history and law.

 

“Indeed, in history the best part of universal law lies hidden; and what is of great weight and importance for the best appraisal of legislation – the custom of the peoples, and the beginnings, growth, conditions, changes, and decline of all states – are obtained from it. The chief subject matter of this Method consists of these facts, since no rewards of history are more ample than those usually gathered around the governmental form of states.” (Bodin 1945, 8)

 

Bodin writes that there are four kinds of interpreters of law. The most skilled among them are those who are

 

 “…trained not only by precepts and forensic practice but also in the finest arts and the most stable philosophy, who grasp the nature of justice, not changeable according to the wishes of men, but laid down by eternal law; who determine skillfully the standards of equity; who trace the origins of jurisprudence from ultimate principles; who pass on carefully the knowledge of all antiquity; who, of course, know the power and the dominion of the emperor, the senate, the people, and the magistrates of the Romans; who bring to the interpretation of legislation the discussion of philosophers about laws and state; who know well the Greek and Latin languages, in which the statutes are set forth; who at length circumscribe the entire division of learning within its limits, classify into types, divide into parts, point out with words, and illustrate with examples”. (Bodin 1945, 4-6)

 

 Theory of Climates

The Theory of Climates is among Bodin’s best-known ideas. Bodin was not the first to discuss the topic; he owes much to classical authors like Livy, Hippocrates, Aristotle and Tacitus, who are referenced by Bodin himself. He also borrows from his contemporaries—especially historians, travelers, and diplomats – like Commines, Machiavelli, Copernicus, and Jean Cardan. Bodin’s observations on climate differed from that of his medieval predecessors, since Bodin was first and foremost interested in the practical implications of a theory: a correct understanding of the laws of the environment must be thought of as the starting point for all policy, laws and institutions (Tooley 1953, 83). Bodin believed that climate and other geographical factors influence, although they do not necessarily determine, the temperament of any given people. Accordingly, the form of state and legislation needs to be adapted to the temperament of the people, and the territory that it occupies.

 

Three different accounts of the Theory of Climates are found in Bodin’s writings. The earliest version is in Chapter Five of the Methodus. Although this passage contains the general principles of the theory, Bodin does not relate them to contemporary politics. It is in the first chapter of the fifth book of the République that the theory of climates is further amplified, and its relationship to contemporary politics established. Moreover, the Latin translation of the République contains a few notable additions to the theory.

 

According to Bodin, no one who has written about states has ever considered the question of how to adapt the form of a state to the territory where it is situated (near the sea or the mountains, etc.), or to the natural aptitudes of its people. Bodin holds that, amid the uncertainty and chaos of human history, natural influences provide us with a sure criterion for historical generalization. These stable and unchanging natural influences have a dominant role in molding the personality, physique, and historical character of peoples (Brown 1969, 87-88). This naturalistic approach is, to some extent, obscured by Bodin’s belief in astrology and numerology. Racial peculiarities, the influence of the planets and Pythagorean numbers were all part of Renaissance Platonism. Bodin combined these ideas with geographic determinism that closely followed the theories of Hippocrates and Strabo. (Bodin 1945, xiii)

 

Ptolemy divided the world into arctic, temperate, and tropic zones. In adopting the Ptolemaic zones Bodin divided earth into areas of thirty degrees from the equator northward. Different peoples have their capabilities and weaknesses. Southern people are contemplative and religious by nature; they are wise but lack in energy. Northern people, on the other hand, are active and large in stature, but lack in sagaciousness. The people of the South are intellectually gifted and thus resemble old men while the Northern people, because of their physical qualities, remind us of youth. Those that live in between these two regions—the men of the temperate zone—lack the excesses of the previous two, while being endowed with their better qualities. They may therefore be described as men in middle life—prudent and therefore gifted to become executives and statesmen. They are the Aristotelian mean between two extremes. The superiority of this third group is stressed by Bodin throughout his writings.

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