Mixed Constitutions vs. Mixed Economies (or, Ancient and Modern Liberalisms)

(Attention conservation notice: Inspired by a student’s comment a while back, this has languished in my drafts folder. Contains speculative intellectual history, implausible connections between ancient and modern concepts, and self-promotion; nevertheless, I thought it would be worth trying out the argument)

The ancient Greco-Roman idea of the “mixed constitution” is usually taken to be the ancestor of modern (post 18^th-century) constitutional ideas about “checks and balances” and the “division of powers.” This is fine as far as it goes; the early modern writers who first proposed and defended these latter ideas in a systematic way – people like Harrington, Locke, and  Montesquieu, for example – seem to have been influenced to some degree by Greek and Roman theories of the mixed constitution. They used these ideas as one of the lenses through which they interpreted British constitutional practice of the 17^th and 18^th centuries; and there is certainly a sort of family resemblance between the ancient idea about the need for “mixture” in a constitution and the modern idea that a constitution should implement some checks on state power through the functional division of authority among different “branches” of the government.

However, as many people have noted, ancient ideas about the mixed constitution are in many ways quite different from modern ideas about the need for a functional division of authority to prevent abuses of state power. Even the guiding metaphors are different: “mixture” and “separation” denote contrary ideas. But perhaps more importantly, it strikes me that ideas about the mixed constitution played a role in ancient Greco-Roman political discourse that is very different from the role that ideas about “checks and balances” came to play in modern political discourse, and that is in fact surprisingly similar to the role ideas about the “mixed economy” – an economy that incorporates both market mechanisms and government intervention – play in contemporary political thought. I don’t mean this as a claim about intellectual history: ideas about the “mixed economy” today clearly owe nothing to ancient ideas about the mixed constitution. I mean it as a claim about the conceptual place of ideas within particular discourses or debates. Let me try to explain.

As I argue in much pedantic detail in a piece I published last year somewhat misleadingly entitled “Cicero and the Stability of States” (History of Political Thought 32(3): 397-423 [gated, ungated] – the first half is a survey of ideas about the mixed constitution in Plato, Aristotle, and Polybius), ancient ideas about the mixed constitution have two strands.

On the one hand, there is a concern with domination by powerful people and groups. Here the idea of the mixed constitution serves as a model of the “constraints” that should be imposed on the powerful to prevent tyranny, and in this sense it plays a very similar role to ideas of “checks and balances.” However, whereas modern discussions about the separation of powers tend to emphasize the need for a functional division of the tasks of government (into legislative, executive, and judicial activities, for example) to prevent abuses of state power, ancient discussions of the mixed constitution tend instead to emphasize a social division of power among significant social groups to prevent its monopolization (a group “becoming” the state, so to speak). The “simple” or “unmixed” regimes are precisely those regimes where one social group – the rich, the poor, military leaders – monopolizes power (for good or ill; the unmixed regimes are not always considered bad, but they are always considered fragile for a variety of reasons); by contrast, the “mixed” regimes are precisely those where power is “shared,” or, metaphorically, these are the regimes which "mix" the monopolistic regimes so that no social group has uncontested dominance over the others.

To put the point very roughly, I suspect the modern emphasis on separating power goes hand in hand with an emerging consciousness of “the state” as a distinct unified institutional actor that can develop interests that are independent of those of other significant social groups (including dominant groups), and hence is concerned with the institutional mechanisms that can limit its ability to act in dominating ways; ancient political thought, by contrast, has no such consciousness of a “state” as distinct from the social groups that exercise political power (most Ancient Greco-Roman societies had nothing like a state in the Weberian sense of the word anyway), and hence is more concerned with the compromises that various groups need to make to share power stably in ways that are beneficial to all. This is only an imprecise sketch of a complex history, of course. After all, early modern liberal political thought was often also concerned with the problems posed by the domination of one social group over another; 19^th century debates about suffrage are full of fears about what would happen if the poor were allowed to directly elect representatives and hence dominate the state, for example. And 17^th and 18^th century notions of “estate representation” do fit in quite naturally with ancient ideas about mixed constitutions.  Yet I am tempted to speculate in a vaguely Marxist way that ancient Greco-Roman political thought was more attuned to the permanent class conflicts of agrarian societies than early modern liberal thought, perhaps because the latter in part grew out of reflections on the management of confessional or sectarian conflicts in which the state was never merely a class agent, unlike the former.

At any rate, this concern with “sharing” power among significant social groups leads to a second strand of thought about political “mixture.” Here the idea of the mixed constitution serves as a model of the compromises that are possible and necessary between groups whose conceptions of justice – their conceptions of the appropriate distribution of the “benefits and burdens” in the community, their ideas about the appropriate level of hierarchy and equality in the organization of society, and so on – differ systematically according to their positions in society. For example, both Plato and Aristotle (and to a lesser degree other extant writers) suggest that the poor and the rich develop conceptions of justice that have a certain “bias” towards their own structural position: while the poor or the people tend to develop a conception of justice that emphasizes their equality as citizens, and hence the need for an equal distribution of power and authority in the community (expressed most radically in the lotteries of Athens), the rich or the elite tend to develop a conception of justice that emphasizes their inequality – their distinctiveness – and hence the need for an unequal distribution of power and authority (expressed in the demand for closed oligarchies and in justifications that claim the right to rule for those who contribute the most to the community, or those who are wisest, or have the most military virtue). Conflict between major social groups is not simply a clash of naked self-interest (at least not always), but rather appears as a contest between rival moralized conceptions of hierarchy, equality, and fair distribution.

For these Greek (and later Roman) writers, the key theoretical problem thus turns out to be how to bridge these divergent conceptions of justice for the sake of political stability while also promoting as far as possible various other important goods – freedom, independence, the effectiveness of the community as a fighting force, social solidarity, prudent decisionmaking, etc. How can political power be shared so that these contrasting conceptions of justice can all find some place in the community without monopolizing the whole, while maintaining a viable, even flourishing society in other respects? 

This problem is complicated both by material factors (extreme inequality makes it difficult to bridge the conceptions of justice of significant social groups, in the view of most of the extant Greek writers who talk about this problem) and by the fact that these group-relative conceptions of justice, however faulty, cannot be fully “educated away.” That is, whatever the truth of the matter about justice is (and Greek and Roman thinkers thought this was an answerable question) it is simply not possible to consistently convince people in structurally different positions that their conceptions of justice are incorrect. (At best, education can soften the edges of those differing conceptions of justice, but not transform them consistently). The “mixed constitution” is then an attempt to describe how one might give all these different conceptions of justice – or different ideas about what is valuable, or what gives people title to rule – some place within the polity despite the fact that they are partially incorrect (because one-sided) and hence in some ways damaging to the community, and despite the fact that they cannot be "corrected," while not wholly sacrificing other important values. In Plato, for example, the test of a well-organized mixed constitution is that it balances the characteristic values associated with “democracy” (where the poor or the many are dominant) and “monarchy” (a synecdoche for all regimes where small elites are dominant) so as to promote philia (social solidarity), eleutheria (freedom and political independence) and phronesis (prudent decisionmaking). Let me quote myself:

The Athenian Stranger [the main speaker in Plato’s Laws] suggests that a constitution can achieve these three objectives by “mixing” in the right proportion the values traditionally associated with monarchy, especially Persia, and the values traditionally associated with democracy, especially Athens (693d). “Monarchical” values emphasize subordination and status hierarchies, and thus enhance the coordination of action necessary to effective military power, i.e., the kind of power that ensures eleutheria as political independence (694a). But if they are over-emphasized, they disrupt both the solidarity and affection (philia) between rulers and ruled and the ability of information and insight to flow to the rulers (phronesis; 694a-b), increasing the city’s vulnerability to external forces and diminishing the ability of rulers to actually rule for the common good (697d-698a). By contrast, “democratic” values emphasize personal autonomy and equality, and thus enhance the solidarity and affection between rulers and ruled as well as the flow of information throughout the city, which makes the city able to defend itself intelligently at least so long as it can coordinate its actions through its laws and rulers even against vastly superior forces (cf. 698b-699d). But if they are over-emphasized, the city loses both its ability to recognize and defer to actual expertise (and hence loses intelligence; cf. 701a) and the ability to coordinate properly that submission to laws and rulers provide. It thus disintegrates into “every man for himself” (cf. 699c-d), again making it vulnerable to external forces.

Properly constructed institutions will ensure that the citizens will be properly submissive to the laws and the rulers (indeed, that they will “fear” and “revere” the laws and the rulers, cf. 698b), but will also grant enough personal autonomy and ensure enough status equality to ensure that phronesis flows through the city and rulers and ruled share enough affection for each other. Such a constitution will “weave together” the “mother constitutions” of monarchy and democracy (693d) in the sense that it will induce a measured combination of their characteristic values capable of simultaneously ensuring solidarity and affection between rulers and ruled, intelligence in the actions of the city, and the preservation of its political independence. (moi, pp. 403-404)

Though “liberalism” as such did not exist in the Ancient Greco-Roman world, the idea of the mixed constitution thus seems to me to be designed to deal with problems similar to those that have motivated much modern liberal thought: how to deal with intractable conflicts of value (about justice, in this case) when no significant social group can be assumed to have a monopoly on the truth (the philosopher does not count as a social group, even if she does have the truth about justice) in a relatively peaceful way. But ancient mixed constitution thinking (at least the mostly Greek variant of it before Cicero that has come down to us), unlike classical liberalism, tended to see these problems in the context of deep-seated, ineradicable distributional conflicts; and as such, it seems to me, it played a role in political thought similar to the role the idea of a “mixed economy” plays today.

Modern economic debates about the role of the state in the economy are obviously never merely technical debates; they usually invoke, either implicitly or explicitly, different conceptions of justice and fairness, and different answers to the question about the kinds of power that partisans of these conceptions of justice and fairness ought to have in society. (Consider: "taxation is theft" vs. "you didn't build that"). They are debates about what is the right distribution of burdens and benefits in society, and draw on deep-seated intuitions about desert, property, and the like that appear to vary among distinct social groups. The idea of a mixed economy then serves as a model – varying in detail depending on its particular proponent, of course – of the appropriate distribution of social power among partisans of different conceptions of distributive justice, including both a description of the kinds of constraints that should be imposed on powerful social groups (e.g., how democratic states should constrain markets and vice-versa) and a description of the kinds of compromises that partisans of particular ideas of fairness or justice must make while still promoting efficiency (the modern equivalent of the Platonic “prudent decisionmaking” or phronesis), common identity (the modern equivalent of the Platonic philia), and personal autonomy (the modern equivalent of eleutheria).

Proponents of a mixed economy of course disagree about the specific institutions of that would instantiate it properly, just as Plato, Aristotle, Polybius, and Cicero had different views about proper mixture in a constitution. My point is more about how the abstract model of the mixed economy seems to serve as a reference point for attempting to find pragmatic compromises among social groups with ineradicably different views concerning distributive justice and enduring, if unbalanced, forms of social power (numbers vs. economic power, for example) even if we think that some of these views are correct (or more correct than others). We might say that like the mixed constitution in antiquity, the mixed economy today serves as a standard description of the second best.

Update 7 August: fixed some oddities of grammar and missing words.

Cicero and Machiavelli on Fear and Love

(Warning: some thinking out loud about some passages of Cicero and Machiavelli, in the course of doing some research for a work in progress. A footnote of interest to historians of political thought or political theorists with a historical bent, perhaps.)

Cicero, Philippics 1.33-34 (the Perseus text is unaccountably missing the last lines of 1.33; a full translation is found here):

What I am more afraid of is lest, being ignorant of the true path to glory, you should think it glorious for you to have more power by yourself than all the rest of the people put together, and lest you should prefer being feared by your fellow-citizens to being loved by them. And if you do think so, you are ignorant of the road to glory. For a citizen to be dear to his fellow-citizens, to deserve well of the republic, to be praised, to be respected, to be loved, is glorious; but to be feared, and to be an object of hatred, is odious, detestable; and moreover, pregnant with weakness and decay. And we see that, even in the play, the very man who said, "what care I though all men should hate my name, so long as fear accompanies their hate?" [The Latin is much more concise and lapidary: "oderint, dum metuant"] found that it was a mischievous principle to act upon.

I wish, O Antonius, that you could recollect your grandfather of whom, however, you have repeatedly heard me speak. Do you think that he would have been willing to deserve even immortality, at the price of being feared in consequence of his licentious use of arms? What he considered life, what he considered prosperity, was the being equal to the rest of the citizens in freedom, and chief of them all in worth.

Machiavelli, The Prince, chapter XVII:

Upon this a question arises: whether it be better to be loved than feared or feared than loved? It may be answered that one should wish to be both, but, because it is difficult to unite them in one person, is much safer to be feared than loved, when, of the two, either must be dispensed with. Because this is to be asserted in general of men, that they are ungrateful, fickle, false, cowardly, covetous, and as long as you succeed they are yours entirely; they will offer you their blood, property, life and children, as is said above, when the need is far distant; but when it approaches they turn against you. And that prince who, relying entirely on their promises, has neglected other precautions, is ruined; because friendships that are obtained by payments, and not by greatness or nobility of mind, may indeed be earned, but they are not secured, and in time of need cannot be relied upon; and men have less scruple in offending one who is beloved than one who is feared, for love is preserved by the link of obligation which, owing to the baseness of men, is broken at every opportunity for their advantage; but fear preserves you by a dread of punishment which never fails.

Nevertheless a prince ought to inspire fear in such a way that, if he does not win love, he avoids hatred; because he can endure very well being feared whilst he is not hated, which will always be as long as he abstains from the property of his citizens and subjects and from their women. But when it is necessary for him to proceed against the life of someone, he must do it on proper justification and for manifest cause, but above all things he must keep his hands off the property of others, because men more quickly forget the death of their father than the loss of their patrimony. Besides, pretexts for taking away the property are never wanting; for he who has once begun to live by robbery will always find pretexts for seizing what belongs to others; but reasons for taking life, on the contrary, are more difficult to find and sooner lapse. But when a prince is with his army, and has under control a multitude of soldiers, then it is quite necessary for him to disregard the reputation of cruelty, for without it he would never hold his army united or disposed to its duties.

At first glance, it looks as if Cicero and Machiavelli were presenting diametrically opposed positions: Cicero argues that a political leader should avoid being feared, and that it is better that he be loved, whereas Machiavelli suggests that it is fine if the prince is feared. This fits in with the "standard view" concerning Machiavelli's relationship to Cicero (see, e.g., Skinner; consider also, for example, the discussions in The Prince asserting that generosity or honesty are inessential to political leaders, which clearly reverse Cicero's discussion of the need for these virtues in On Duties). There are some (partial) dissents (e.g., Colish), but in general the consensus seems to be that Machiavelli and Cicero present fairly opposed views of the virtues of political leaders.

Yet it is clear from these passages that both Machiavelli and Cicero agree that being hated is fatal to a political leader. They differ mostly insofar as Cicero seems to think that becoming feared without incurring hatred is unlikely, whereas Machiavelli is more sanguine about this possibility. But even this difference can be attributed to the fact that Cicero is considering the kinds of actions that someone who used to be an equal (Antony) would have to do in order to become dominant; and in his view (perhaps exaggerated for rhetorical effect?) these actions are likely to incur hatred alongside fear, and are unlikely to bring real and durable fame. And that thought does not seem to be in conflict with Machiavelli's views at all.

Unrelated point: working through Cicero's Philippics after reading Boehm makes me think that the upper level of Roman society behaved very much like a tribe with a strong ethos of equality, despite the otherwise tremendous material and status inequalities in Roman society. Like tribesmen everywhere, Cicero and his contemporaries among the senatorial class seemed to be extremely sensitive to suggestions that this or that person aimed to become dominant over them, and expended great energy arguing over the symbols of such domination (the office of the dictator, crowns, funeral monuments, public thanksgivings), even as the real threats to their equality lay in the ability of the proconsuls to basically create private armies during their long periods of imperium away from Italy (by Marc Antony's time, they could sometimes spend 5 years on campaign away from Rome). Also, it is amazing how the Romans of the time, like many of the tribes described by Boehm, had few mechanisms to deal with persistent attempts at domination other than assassination. It's actually kind of astounding the sheer violence present in the background of politics at Rome in the waning days of the republic – people are being killed right and left, the senate is often surrounded by armed men, and prominent political figures, Cicero included, are always conscious of the very real threats to their physical safety. And yet they seemed to think that such extrajudicial killings were often quite legitimate, though they of course disagreed about which ones! Late republican Rome was really a Machiavellian jungle, and Cicero was very good at surviving in it; it would seem unlikely if Machiavelli's ideas about political survival were entirely alien to Cicero.