7. Courtney, Montesquieu and Burke (11 Apr 2020)

 Montesquieu deeply influenced Burke, particularly regarding the parliamentarian’s understanding of the British constitution and application of history. While sharing common views of l’esprit generale (roughly, sociological characteristics which interact with a country’s laws), the legislator (a representative not a delegate), and natural law (a superstructure for l’esprit), Burke’s outstanding debt consists of applying the Frenchman’s methods in a partisan way. From Montesquieu, Burke learned to derive a people’s nature from geographic, sociological, and historical events and used it to craft Rockingham ‘propaganda’ in political disputes over the American rebellion, Indian governance and the Hastings trial, and George III’s role in politics. Burke’s rationalizations do not rise to the level of political thought. But the era’s constitutional struggles particularly trouble this interpretation. Montesquieu’s identifying British separation of powers proved popular for articulating the outcome of 17th-century politics. Burke, an early enthusiast, opposed George’s capacity to influence Parliament and contended (in 1782) the crown’s power should be limited to appearance. Courtney observes the monarch conformed with the letter of the law, but elsewhere he says Burke bridged from Montesquieu to Bagehot’s 19th-century understanding. Further, he allows Reflections on the Revolution in France indeed rose to the level of political thought: Burke skillfully enunciated commonly held views or showed the way back to classical views. (In this, Courtney anachronistically calls Burke conservative.) The author holds to Namier’s view of individual behavior being explicable by classifiable political types, and the broad sweep of events corresponding to this structure, so to concede Burke’s originality is to undermine his presuppositions. Courtney also seems unhappy Burke moved on from considering history a repository of ‘scientific laws’ to a storehouse of the wisdom of precedent, and that he articulated principles for making these accessible.