The concept of legal despotism (

French French may refer to: * Something of, from, or related to France ** French language, which originated in France ** French people, a nation and ethnic group ** French cuisine, cooking traditions and practices Arts and media * The French (band), ...

: ''despotisme légal'') formed part of the basis of the

18th century The 18th century lasted from 1 January 1701 (represented by the Roman numerals MDCCI) to 31 December 1800 (MDCCC). During the 18th century, elements of Enlightenment thinking culminated in the Atlantic Revolutions. Revolutions began to ch ...

French

physiocrat Physiocracy (; from the Greek for "government of nature") is an economic theory developed by a group of 18th-century Age of Enlightenment French economists. They believed that the wealth of nations derived solely from the value of "land agricultu ...

s' political doctrine, developed alongside their more popularly known (in modern day) economic thought. This political concept was first introduced by the ''èconomiste''

François Quesnay François Quesnay (; ; 4 June 1694 – 16 December 1774) was a French economist and physician of the Physiocratic school. He is known for publishing the " Tableau économique" (Economic Table) in 1758, which provided the foundations of the ideas ...

(1694-1774) in his 1767

treatise A treatise is a Formality, formal and systematic written discourse on some subject concerned with investigating or exposing the main principles of the subject and its conclusions."mwod:treatise, Treatise." Merriam-Webster Online Dictionary. Acc ...

''Despotism in China'' (French: ''Le despotisme de la Chine'') and followed in development that same year by Pierre-Paul Lemercier (1719-1801) in his text, ''The Natural and Essential Order of Political Societies'' (''L'Ordre naturel et essentiel des sociétés politiques)''. The political form envisioned by Quesnay, Lemercier, and their associates was a

unitary authority A unitary authority is a type of local government, local authority in New Zealand and the United Kingdom. Unitary authorities are responsible for all local government functions within its area or performing additional functions that elsewhere are ...

within a

state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

with both

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...

and

legislative power A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial powers o ...

s endowed unto an despot restricted in power only by a judicial system of magistrates ensuring that the monarch is limited in actions only by legal interpretations of

natural law Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...

, and understandings of political-economic rights such as liberty, property, and security. Besides the envisioned

single tax A single tax is a system of taxation based mainly or exclusively on one tax, typically chosen for its special properties, often being a tax on land value. Pierre Le Pesant, sieur de Boisguilbert and Sébastien Le Prestre de Vauban were ear ...

(''impôt unique'') levied based on the productiveness of agricultural land, the legal despot would remain outside of the general domain of the economic sphere, leaving it be (''

laissez-faire ''Laissez-faire'' ( , from , ) is a type of economic system in which transactions between private groups of people are free from any form of economic interventionism (such as subsidies or regulations). As a system of thought, ''laissez-faire'' ...

'') in accordance with stated natural laws.

Overview

Absolute rule

Physiocrats like Quesnay and Lemercier believed in a governmental system based around a despot who ruled in accordance with defined terms in natural law. Lemercier in his 1767 treatise likened absolute rule bound only by natural law towards a

personification Personification is the representation of a thing or abstraction as a person, often as an embodiment or incarnation. In the arts, many things are commonly personified, including: places, especially cities, National personification, countries, an ...

Euclidean geometry Euclidean geometry is a mathematical system attributed to ancient Greek mathematics, Greek mathematician Euclid, which he described in his textbook on geometry, ''Euclid's Elements, Elements''. Euclid's approach consists in assuming a small set ...

Euclid is a true despot; and the geometrical truths which he has transmitted to us are truly despotic laws: their legal despotism and the personal despotism of this legislator are only one, that of the irresistible force of evidence: by this means, for centuries the despot Euclid has reigned without contradiction over all enlightened peoples; and he will not cease to exercise the same despotism over them, as long as he does not have contradictions to experience on the part of ignorance.

Legal (legitimate), versus arbitrary (illegitimate), despotism

In the opening of his treatise ''Despotism in China'' (1767), Quesnay notes the distinction he makes between: * ''legitimate,'' ''legal despotism,'' where despotic rule is in accordance with specified

s and remains unhindered from outside their sovereign rule of law. The legal despot creates and enforces

positive law Positive laws () are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of posit ...

s that do not violate any natural law. * ''illegitimate,'' ''arbitrary despotism'', where the despot is in association with and gives privilege and/or favors to certain

social class A social class or social stratum is a grouping of people into a set of Dominance hierarchy, hierarchical social categories, the most common being the working class and the Bourgeoisie, capitalist class. Membership of a social class can for exam ...

es. The arbitrary despot creates and enforces positive laws that violate the physiocratic standard of natural law.

Legal power ensured by magistrates

In order to prevent the transformation of a legal despot into an arbitrary despot, their power was to be checked and balanced by the powers of

magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...

s performing

judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...

on positive laws created by the despot. Lemercier in his 1767 work ''The Natural and Essential Order of Political Societies'', proposes the powers of the judiciary to not just be in charge of checking the ''

a priori ('from the earlier') and ('from the later') are Latin phrases used in philosophy to distinguish types of knowledge, Justification (epistemology), justification, or argument by their reliance on experience. knowledge is independent from any ...

'' control of the "laws to be made" but also to enforce an ''

a posteriori ('from the earlier') and ('from the later') are Latin phrases used in philosophy to distinguish types of knowledge, justification, or argument by their reliance on experience. knowledge is independent from any experience. Examples include ...

'' control of the "laws made", thereby becoming the organ of government ensuring compliance from both the despot and society.

Reception

The physiocrats'

doctrine Doctrine (from , meaning 'teaching, instruction') is a codification (law), codification of beliefs or a body of teacher, teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a ...

of legal despotism disseminated widely across European intellectual and administrative circles, with Lemercier's 1767 treatise becoming the center of physiocratic

political propaganda Propaganda is communication that is primarily used to influence or persuade an audience to further an agenda, which may not be objective and may be selectively presenting facts to encourage a particular synthesis or perception, or using loaded l ...

. Rulers such as

Catherine II of Russia Catherine II. (born Princess Sophie of Anhalt-Zerbst; 2 May 172917 November 1796), most commonly known as Catherine the Great, was the reigning empress of Russia from 1762 to 1796. She came to power after overthrowing her husband, Peter I ...

sought Lemercier's personal advice, and the future King of Sweden

Gustav III Gustav III (29 March 1792), also called ''Gustavus III'', was King of Sweden from 1771 until his assassination in 1792. He was the eldest son of King Adolf Frederick and Queen Louisa Ulrika of Sweden. Gustav was a vocal opponent of what he saw ...

found inspiration from the text leading to his 1772 revolution against the Swedish estates.

Controversy

Genevan

philosopher Philosophy ('love of wisdom' in Ancient Greek) is a systematic study of general and fundamental questions concerning topics like existence, reason, knowledge, Value (ethics and social sciences), value, mind, and language. It is a rational an ...

Jean-Jacques Rousseau Jean-Jacques Rousseau (, ; ; 28 June 1712 – 2 July 1778) was a Republic of Geneva, Genevan philosopher (''philosophes, philosophe''), writer, and composer. His political philosophy influenced the progress of the Age of Enlightenment through ...

in a 1767 letter to the physiocrat Marquis de Mirabeau, wrote:

Sir, whatever happens, don't talk to me any more about your legal despotism. I cannot taste it or even hear it; and I see only two contradictory words, which together mean nothing to me.

Fellow

Frenchman French people () are a nation primarily located in Western Europe that share a common French culture, history, and language, identified with the country of France. The French people, especially the native speakers of langues d'oïl from nort ...

Voltaire François-Marie Arouet (; 21 November 169430 May 1778), known by his ''Pen name, nom de plume'' Voltaire (, ; ), was a French Age of Enlightenment, Enlightenment writer, philosopher (''philosophe''), satirist, and historian. Famous for his wit ...

wrote in regard to the intellectual depth of legal despotism in his 1768 fable '' The Man of Forty Crowns'' (''L'Homme aux quarante écus''):

Bizarre expressions, such as those of legal despotism, had been used in a great number of works to express the government of an absolute sovereign who would conform all his wills to the demonstrated principles of
political economy Political or comparative economy is a branch of political science and economics studying economic systems (e.g. Marketplace, markets and national economies) and their governance by political systems (e.g. law, institutions, and government). Wi ...
.

Voltaire also attacks the physiocrats' justifications for their single tax on land as derived from their conception of natural law:

I have read M. de la Rivière's book: I do not know whether it is because I cultivate a few acres of land that I do not like land alone to be loaded with taxes. I am afraid that he will make a mistake with a great deal of wit.

References

{{reflist Physiocrats Political terminology Legal terminology