The Present State of Germany. Samuel Pufendorf

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СКАЧАТЬ as a single entity, governed “by one Soul” (VI.8; VII.7). When regular, states could realize their goals: protection of individuals from one another, both singly and in groups, and relief of the general insecurity of human affairs; when irregular, they could not.²⁶ According to these criteria, which were carefully elaborated in On Irregular States and On the Law of Nature and of Nations, the empire was an irregular, dysfunctional state. In fact, it did not seem like a state at all, but more like a hybrid or chimera, produced by a gradual, unplanned, and unsystematic devolution from an originally regular state/ status.²⁷

      One of Monzambano’s most notorious passages occurs in chapter VI, which was widely considered the most important in the work and prompted the most criticism. Appealing to his basic notions of moral entities and collective personae,²⁸ Pufendorf said there that “Germany is an Irregular Body, and like some misshapen Monster, if … it be measured by the common Rules of Politicks and Civil Prudence” (VI.9, first edition). The term monstrum was perceived as deeply offensive by many of the empire’s apologists, even though it also had a rather ordinary, descriptive sense.²⁹ In fact, Pufendorf clarified the term as simply equivalent to “irregular.” Because of the carelessness of the emperors and the ambition of princes and clerics, the empire had degenerated over many centuries from a regular kingdom to the point where it was no longer even a limited kingdom (i.e., a state with limited sovereignty). Nor was it, exactly speaking, a system of independent states united in a league or confederacy. Instead, he claimed, it was “something … that fluctuates between these two” and whose irregularity subjects it to “inextricable and incurable Disease, and many internal Convulsions” (VI.9). The original provocation of the term was probably intentional; however, to avoid further misunderstanding or offense, Pufendorf silently omitted it from the second edition, which he tamed in other ways as well.

      After criticizing Hippolithus a Lapide’s radical cures,³⁰ Pufendorf tentatively offered some remedies of his own (VIII.4). These are surprisingly modest in view of his dire diagnosis, and they barely go beyond a reaffirmation of the post-Westphalian status quo.³¹ Perhaps this is because the empire seemed to him like a harp, as he later observed: even after much tuning, any harmony inevitably devolves into discord again.³² Nonetheless, Pufendorf acknowledged, the empire contained a balance that needed to be preserved, or reestablished if lost, not least because there was no obvious alternative. Thus, despite the idea’s abstract attractiveness, it would be unrealistic and lead “to the utter ruin of the nation” (VIII.4) to attempt a reduction of the empire to a regular monarchy again. Instead, since it already approximated a system or confederation of unequals (VI.9; VIII.4), it was best to accept the fact and, by reference to historical precedents and current instances, explore how it might be effectively maintained.³³

      This was both an outward- and an inward-looking strategy, for a functional system protects its members from external threats but also demands from them a strict adherence to cooperative agreements. The weakness in the scheme, as Pufendorf realized, was that it lacked a locus of supreme sovereignty and a reliable source of compulsion to induce the members to compromise and cooperate.³⁴ This was, of course, the basic problem of the state of nature and how to exit from it—only now on the collective, interstate level that may have been paradigmatic for the notion in the first place. After his early work on systems of states, which preceded Monzambano, Pufendorf turned more closely to the internal mechanism of the state, particularly the role of sovereignty. However, if sovereignty within states were to become less feasible or attractive, as it might be already on the international level, the problem of systemic unity would arise again and a return to Monzambano might be indicated.

      Chapter Synopses

      Despite the controversy over Monzambano as a philosophical and political work, there was general acclaim for its mastery of German history and its economical portrayal of the complex institutions of the empire. This alone ensured its success, since many, such as the English translator Edmund Bohun, were looking for a clear and comprehensive account. The work consists of eight chapters varying in length. The first five describe the historical origins and concrete workings of the empire and thus constitute a unit. The last three focus on more distinctive intellectual questions, albeit not without practical import.

      Chapter I traces German origins back to the Franks, and the beginnings of the empire to Charlemagne and his heirs. It also raises the important question of the empire’s claimed continuity with ancient Rome. Here, as well as later in the work, Pufendorf rejects the translatio imperii (transmission of empire) thesis so dear to monarchists, and according to which Germany—as Rome’s inheritor—was the fourth great empire prophesied in the book of Daniel.³⁵ Pufendorf’s dismissal of this idea—consistent with his “secular” approach to history and natural law—deprived the empire of a genetic, historical self-justification, one with religious or apocalyptic warrant. Chapter II reviews the so-called members of the empire, including particular noble families and houses as well as the different ranks of nobility in general, both secular and sacred. Chapter III details the powers and privileges of these so-called estates and how they were acquired over time.³⁶ This leads to the critical question of the emperor’s status and authority vis-à-vis the other estates, as well as the controversial role of the papacy in the appointment or confirmation of emperors (i.e., the “holy” in Holy Roman Empire). These topics are treated in chapter IV, which also describes the transition from a hereditary to an elective imperiate, and the role and privileges of the electors in selecting, deposing, and representing an emperor (during an interregnum). Chapter V (the longest in the work) develops these topics and discusses specific limitations on the emperor’s powers, including the so-called capitulars imposed at his election. It also examines the Imperial Diet, the emperor’s authority over religious affairs and clergy, and the legal structure and judicial machinery brought into play by disputes at or between various levels of this complex whole.

      Chapter VI contains Pufendorf’s discussion of the constitutional form of the empire, in which he argues that it is not a democracy, aristocracy, monarchy (even limited), or some mixed form, but rather an irregular system of sovereign states.³⁷ This irregular structure entails various specific weaknesses or diseases (in line with the corporative imagery), which are the subject of chapter VII. There Pufendorf describes the geographical, physical, economic, and human resources of Germany in comparison with other European countries (and the Ottoman Empire) and determines that Germany is by no means inferior. Its weakness is due rather to its constitutional structure, which prevents it from using its natural advantages successfully. This chapter served as the foundation of Pufendorf’s later work An Introduction to the History of the Principal Kingdoms and States of Europe (1682), which greatly expanded these interstate comparisons and their relevance to determining the true “interests” (ratio, reason) of particular states. Chapter VIII turns explicitly to the notion of “state interest” or “reason of state” and uses it to explore possible remedies for the empire’s maladies. After a detailed critique of the recommendations of Lapide (see above), Pufendorf offers (in VIII.4) his own modest suggestions for reform. The latter, and greater, portion of the chapter (VIII.5–10) addresses the problem of religious diversity and its impact on politics. It compares the political interests and impacts of Lutheranism, Calvinism, and Catholicism, the last of which comes in for special criticism. These controversial comments—ironically placed in the mouths of Catholic clerics and allowed expression by a papal nuncio—were entirely omitted from the second edition of Monzambano, partly because of changes in the political landscape of Europe and partly because they had already been treated more extensively by Pufendorf in several intervening works, which also took their origin from Monzambano.³⁸

      The second edition of Monzambano, which Pufendorf prepared between 1688 and 1692, constituted a substantial revision of the first. Some passages were excised, others inserted, and many others altered. Besides correcting factual errors and reflecting internal developments in the empire since 1666, Pufendorf sought also to address the intervening criticisms launched against the work. Moreover, the international situation had changed significantly, affecting the empire’s СКАЧАТЬ