Liberty and Property. Ellen Wood

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СКАЧАТЬ from political, military and judicial powers, or ‘extra-economic’ status and privilege, in contrast to the English landed classes and their dependence on competitive production. In France, in contrast to England, even in the eighteenth century peasants still dominated agricultural production, and relations between landlords and tenants had very different effects. There was, for instance, nothing like the culture of ‘improvement’ nor the improvement literature that had been so important in seventeenth-century England. Village regulation of production and restrictions on land use continued to be important in agriculture even beyond the Revolution. For French landlords, extra-economic strategies – political and legal – for enhancing their power to squeeze more surplus out of peasants were still more important than agricultural improvement. This meant, among other things, that peasants were more plagued by taxes than by attacks on their property rights.

      The state developed as a competing form of politically constituted property, a primary resource, a mode of direct appropriation for state office-holders by means of taxation, which some historians have called a kind of centralized rent. If the absolutist state was able to undermine the independent powers of the aristocracy, it did so in large part by replacing those powers with the lucrative resource of state office for a segment of the aristocracy. An elaborate bureaucracy developed not just for political and administrative purposes but as an economic resource for office-holders, proliferating state offices as a form of private property.

      Nor was there anything in France like England’s long parliamentary tradition. No such tradition existed before the Revolution. There was, to begin with, a stark historical contrast between the unitary national Parliament in England, with its early legislative role, and the fragmented estates in France. The estates had no legislative function and were divided by locality – even on the rare occasions when they met on the national plane of the Estates General. They were also divided by corporate hierarchy, above all the division between, on the one hand, the two privileged estates, the nobility and the Church, and, on the other hand, the Third Estate, which encompassed both bourgeoisie – the more prosperous non-privileged classes, often urban notables – and peasantry. The emergence of a representative legislative body in France had to await the Revolution; and one of the most striking differences between England and France is that, in France, even when estates were replaced by a national assembly, important sectors of the dominant classes remained opposed to the Republic. The revolutionary transformation created both a new parliamentary tradition, even a radical republicanism, and at the same time a dangerously anti-parliamentary, anti-republican formation, which persisted well into the twentieth century and explains much that would happen in France in the Second World War.

      The French legal system also developed in ways sharply different from the English. Not only was there a long-standing division between the Roman law which survived in the south and the Germanic customary law of the north, but in addition, on the eve of the Revolution there were still approximately 360 different law codes in France, with various seigneurial, local and corporate powers contesting jurisdiction with the monarchy, and customary law challenging the supremacy of state legislation. Although the absolutist state succeeded to a considerable degree in limiting seigneurial and local jurisdiction, jurisdictional conflicts remained a constant feature of the ancien régime and a major preoccupation of French courts. The aristocracy and corporate bodies clung to their autonomy and independence from the national state, while the monarchy continued its efforts to co-opt and integrate them.

      When monarchical absolutism gave way to Revolution, the centralizing project of the state continued. The French état légal evolved not as a defence of private rights against public incursions but as a means of asserting the power of the central state against fragmented jurisdictions and independent local powers. This limited the independence of the judiciary, effectively absorbing it into the civil service. It remained for Napoleon to complete the project begun by the Revolution. While the judiciary would regain some of its autonomy in the Fifth Republic of 1958, the historic function of the law in asserting state sovereignty against autonomous jurisdictions remains a powerful legacy.

      Relations between central state and landed aristocracy, then, were quite different from the English case. In contrast to the close English partnership between the aristocracy and monarchy, in France the tensions between aristocratic privilege and monarchical power, between different modes of extra-economic exploitation, persisted until the Revolution. At the same time, the aristocracy itself was divided between those with power in the central state and the many who remained dependent on their privileges and local powers; and this division continued to be fluid. The centralizing project of the state can be understood as in large part an attempt to overcome that division by replacing autonomous aristocratic powers with perquisites and privileges deriving from the state – for instance, by granting privileged exemption from royal taxation in place of seigneurial jurisdiction.

      As for the bourgeoisie, throughout the ancien régime and beyond, state office would be a favoured career. Notwithstanding the conventional conflation of ‘bourgeois’ with ‘capitalist’, the French bourgeoisie was not in essence capitalist. While France was certainly a major trading nation, the majority of ‘bourgeois’ were urban notables or functionaries of various kinds, office-holders, professionals, intellectuals; and even those engaged in commerce (who might also be inclined to use their wealth to buy ennobling office) were operating on familiar principles of non-capitalist commercial profit-taking.13 When the Revolution came, the revolutionary bourgeoisie – typically consisting precisely of those office-holders, professionals and intellectuals – was less concerned with breaking the shackles impeding the development of capitalism, as is often suggested by the notion of the ‘bourgeois revolution’, than with preserving and enhancing their access to the highest state office, ‘careers open to talent’. It was, indeed, a threat to the access they already enjoyed under the absolutist monarchy that probably more than anything else provoked the bourgeoisie into revolution and a confrontation between bourgeoisie and aristocracy.

      Although private property in office was abolished by the Revolution, state office remained a lucrative career, in which office-holders appropriated the surplus labour of peasants through taxation. Even after the Revolution, even after Napoleon, the state continued to serve this economic function for the bourgeoisie. The peasantry, which remained in possession of most land in France, continued to be exploited by extra-economic means, through the medium of state taxation. The Revolution did not radically transform the social property relations between the state and small agricultural producers which had prevailed in absolutist France.

      While the Revolution may have been ‘bourgeois’, then, there was little that was ‘capitalist’ about it. If, in its political principles and in its legacies it went far beyond the ‘bourgeois’ impulses that first set it in motion, there remained strong continuities between the ancien régime and the post-revolutionary state. What is so striking about the post-revolutionary period, throughout much of the nineteenth century in France, is the persistence of the tax/office structure, in which appropriation took the form of direct exploitation of peasant producers by the state through taxation. Not only did the economy continue to be based on small-scale agricultural production, but the state continued to relate to that production as a primary exploiter of direct producers through the medium of taxation, for the benefit of office-holders.

      One has only to read Marx’s account of nineteenth-century France in the 18th Brumaire to see how persistent this formation was. He speaks of the ‘immense bureaucratic and military organization’, a ‘frightful parasitic body’, in which the ‘material interest of the French bourgeoisie is most intimately imbricated. It is that machine which provides the surplus population with jobs, and makes up through state salaries for what it cannot pocket in the form of profits, interest, rents and fees.’ This bourgeois tradition would continue well into the twentieth century, if not until today, in a culture where state office would remain the highest career, with a tradition of mandarinism, dominated by a hereditary elite of office-holders and their exclusive academies.

      Economic development in a capitalist direction was, in France, largely driven from without, in particular by military pressures. After the Revolution, СКАЧАТЬ