James Harrington
James Harrington believed that an empire of laws and not of men is a form of government where laws are made by the many, not by one man, ensuring that no man is governed by another man but by the common interest. He argued that such a government is represented by the government of the senate and the people, distinguishing it from monarchical rule. The confidence in this position is high, as the record directly addresses the question and provides multiple definitions and implications.
- undated “GOVERNMENT (to define it de jure, or according to antient prudence) is an art wherby a civil society of men is instituted and preserv’d, upon the foundation of common right or interest; or (to follow Aristotle and Livy) it is an empire of laws, and not of men.”
- undated “the law being not to be made but by the many, no man is govern’d by another man, but by that only which is the common interest; by which means this amounts to a government of laws, and not of men.”
- undated “The government of the senate and the people is that only, which is or can be the government of laws and not of men, and the government of laws and not of men, is the government of God and not of men.”
The full record: ledger, contrary evidence, reasoning, sources
1. WHAT HE SAID (the record)
Record ledger
- BELIEF (undated): James Harrington believed that the government of laws and not of men is the government of God and not of men. He argued that such a government is represented by the government of the senate and the people, distinguishing it from monarchical rule. (key quote above)
- BELIEF (undated): James Harrington defines an 'empire of laws and not of men' as a form of government where a civil society is instituted and preserved upon the foundation of common right or interest, and where laws are made according to the will of the whole people, not according to the private interest of individuals or families. "GOVERNMENT (to define it de jure, or according to antient prudence) is an art wherby a civil society of men is instituted and preserv'd, upon the foundation of common right or interest; or (to follow Aristotle and Livy) it is an empire of laws, and not of men."
- BELIEF (undated): James Harrington believed that an 'empire of laws and not of men' is a government where the whole is an empire of laws, and not of men, meaning that what is proposed by the best and resolved by the most becomes law. This belief is grounded in his doctrin and use upon that of Solomon, which he elaborates in the passage. "the whole government an empire of laws, and not of men."
- BELIEF (undated): James Harrington believed that a commonwealth is a government of laws and not of men, and that this ensures the principality of virtue rather than of individuals. He argues that when one virtuous leader fails, another is created to continue the governance. "And as a commonwealth is a government of laws and not of men, so is this the principality of virtue, and not of man;"
- BELIEF (undated): James Harrington believed that government de jure, or according to ancient prudence, is the empire of laws and not of men. He based this belief on the definitions provided by Aristotle and Livy. "government (to define it de jure, or according to antient prudence) is an art wherby a civil society of men is instituted and preserv'd upon the foundation of common right or interest; or (to follow Aristotle and Livy) it is the empire of laws, and not of men."
- BELIEF (undated): James Harrington argues that a commonwealth is a government of laws and not of men, implying that a monarchy is a government of a man or some few men, and not of laws. This is based on his interpretation of Titus Livius and his critique of Mr. Wren's views. "What imply you in this, less than that a monarch is not forced to resign himself unto the conduct of laws? Or what less can follow from this confession of your own, than that a commonwealth is a government of laws and not of men, and that a monarchy is a government of a man, or some few men, and not of laws?"
- BELIEF (undated): James Harrington argues that both monarchy and commonwealth can be an empire of laws and not of men, depending on how the government is viewed. He suggests that if the declared will of the supreme power is considered the immediate cause of government, then both systems are governed by laws rather than individuals. "If the declared will of the supreme power be considered as the immediate cause of government, then a monarchy is as much as a commonwealth, an empire of laws and not of men."
- BELIEF (undated): James Harrington believed that an empire of laws and not of men is one where laws are made by the many, not by one man, so that no man is governed by another man but by the common interest. He contrasted this with a government where laws are made by one man, which amounts to the government of the man, not of the law. "the law being not to be made but by the many, no man is govern'd by another man, but by that only which is the common interest; by which means this amounts to a government of laws, and not of men."
What cuts against it
- The contrary-evidence entries are already in the record ledger above: .
2. HOW IT APPLIES (reasoning; inference is marked)
1. James Harrington defines an empire of laws and not of men as a form of government where a civil society is instituted and preserved upon the foundation of common right or interest.
2. He argues that such a government is represented by the government of the senate and the people, distinguishing it from monarchical rule.
3. He contrasts this with a government where laws are made by one man, which amounts to the government of the man, not of the law.
4. He suggests that both monarchy and commonwealth can be an empire of laws and not of men, depending on how the government is viewed.
5. He believes that the government of laws and not of men is the government of God and not of men.
3. HIS TAKE
Record coverage: DIRECT
The record is direct on the definition and implications of an empire of laws and not of men.
Extrapolation: James Harrington believed that an empire of laws and not of men is a form of government where laws are made by the many, not by one man, ensuring that no man is governed by another man but by the common interest. He argued that such a government is represented by the government of the senate and the people, distinguishing it from monarchical rule.
Competing readings: One reading is that both monarchy and commonwealth can be an empire of laws and not of men, depending on how the government is viewed. Another reading is that the government of the senate and the people is the only form that can be the government of laws and not of men, equating it with the government of God.
Confidence: High, as the record directly addresses the question and provides multiple definitions and implications.
- The Oceana and Other Works (John Toland (introduction)), p. 540. Document: SIR,. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0061.10
- The Oceana and Other Works (John Toland (introduction)). Document: The PREFACE.. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0014.10
- The Oceana and Other Works (John Toland (introduction)). Document: The PREFACE.. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0014.14
- The Oceana and Other Works (John Toland (introduction)), p. 53. Document: OCEANA.. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0007.34
- The Oceana and Other Works (John Toland (introduction)). Document: OCEANA.. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0007.00
- The Oceana and Other Works (John Toland (introduction)), p. 555. Document: ACT I.. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0065.10
- The Oceana and Other Works (John Toland (introduction)), p. 554. Document: ACT I.. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0065.08
- The Oceana and Other Works (John Toland (introduction)), p. 362. Document: The PREFACE.. Date: undated. Source type: old edited collection. Passage id: harrington/toland-the-oceana-and-other-works/0023.00
Quote check: PASSED (8/8 quotations verified verbatim)