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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Liberal States,
Authoritarian Families
Childhood and Education in
Early Modern Tought
R I TA KO G A N Z O N
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
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DOI: 10.1093/oso/9780197568804.001.0001
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Contents
Acknowledgments vii
List of Abbreviations ix
Introduction 1
1. The Rise of Sovereignty and the Logic of Congruence 17
2. Hobbesian Sovereignty and the Denaturalization of Authority 33
3. Locke and the Authority of Opinion 59
4. Locke’s Authoritarian Education 93
5. Rousseau and the Authority of Opinion 129
6. Rousseau’s Authoritarian Education 157
Conclusion 191
Index 203
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Copyright © 2021. Oxford University Press USA - OSO. All rights reserved.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Acknowledgments
Lynn Uzzell—have been great colleagues and friends, and have created a
fruitful and engaging intellectual community.
Several chapters of the book benefted from feedback from participants at
the Duke Graduate Political Teory Conference, the University of Virginia
Political Teory Workshop, and the Harvard Political Teory Colloquium.
Rick Avramenko, Michael Zuckert, and the participants in the Center for the
Study of Liberal Democracy’s First Manuscript Workshop at the University of
Wisconsin-Madison graciously reviewed the entire book and ofered me im-
mensely helpful suggestions for shaping the fnal version. Te two reviewers
for Oxford University Press also ofered useful recommendations, particu-
larly about my discussion of Rousseau. Angela Chnapko at Oxford has been
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
viii Acknowledgments
wonderfully straightforward and helpful in seeing the book through the re-
view and publication process.
Portions of chapters 2 and 4 have appeared as “Te Hostile Family and
the Purpose of the ‘Natural Kingdom’ in Hobbes’s Political Tought,”
Review of Politics 77 (2015), 377–398, and “ ‘Contesting the Empire of
Habit’: Habituation and Liberty in Lockean Education,” American Political
Science Review 110 (2016), 547–558. I thank them for permission to reprint
this material.
Both my parents and my in-laws helped this book along in many ways.
But I owe the greatest debt to my husband, Sebastian, who married me be-
fore I started working on this project and could not have known what he was
getting into, but has borne the burden of it admirably. Our children, Miriam
and Leon, are what political scientists call the “empirical” component of my
research, still in progress.
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
List of Abbreviations
Te major works discussed in this book are abbreviated as follows and cited
by chapter and section or line number where available, or page number
where not:
Hobbes
Locke
Rousseau
FD and SD Discourse on the Arts and Sciences and Discourse Concerning the
Origin of Inequality, in Te Discourses and Other Early Political
Writings, ed. Victor Gourevitch (Cambridge: Cambridge
University Press, 1997).
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
x List of Abbreviations
PE, SC, and GP Discourse on Political Economy, Social Contract, and Considerations
on the Government of Poland, in Te Social Contract and Other
Later Political Writings, ed. Victor Gourevitch (Cambridge:
Cambridge University Press, 1997).
LA Letter to M. d’Alembert, in Politics and the Arts, trans. Allan Bloom
(Ithaca, NY: Cornell University Press, 1960).
E Emile, trans. Allan Bloom (New York: Basic Books, 1979).
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction
You’re not the boss of me. Tis is a pronouncement you may have heard
(or even uttered yourself at some point), from a child chafng against some
imposed limitation. Further eforts to restrict children can ofen elicit from
even the youngest among them a fairly sophisticated political philosophy,
namely, this is a free country and I can do what I want. It might occur to us to
wonder how persons who have been alive for fewer years than they have fn-
gers (and still use those fngers to count) came to harbor such expansive ideas
about their liberty. Tis book attempts to answer just this question, posed by
our child philosophers—whether in a free country, it is in fact the case that
no one should be the boss of them.
However exasperating parents may fnd this proposition when it is ad-
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vanced against them, their children have correctly intuited the liberal
tradition’s prevailing suspicion of authority, and especially personal au-
thority. Te rise of liberalism went hand-in-hand with the decline of what
Max Weber called “traditional” authorities—the clerics, feudal nobility, and
scholastics of pre-Reformation Europe. At the same time, the ascent of po-
litical theories of individual right, natural equality, contract, and constitu-
tionalism elevated impersonal and neutral states and put what was lef of the
clergy and the nobility on the defensive. Tis was no mere historical coinci-
dence but a central aim of liberalism—to topple arbitrary political authority
and replace it with government grounded in consent and conducted by
elected representatives who were constrained by the natural rights inhering
Liberal States, Authoritarian Families. Rita Koganzon, Oxford University Press. © Oxford University Press 2021.
DOI: 10.1093/oso/9780197568804.003.0001
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
2 Liberal States
in individuals. Te goal was from the start to ensure that, as far as possible,
you would be the only boss of you.
Of course, it was never quite that simple, and children posed the most ob-
vious challenge to the idea, since they were not, as the seventeenth-century
royalist writer Robert Filmer pointed out, born free and capable of governing
themselves, but rather totally dependent on adults. “Children, I confess,” John
Locke retorted cryptically, “are not born in this full state of equality, though
they are born to it” (ST, 6). Tis raises a number of pressing questions: from
where does their freedom and equality then come? At what point could they
be said to possess it? And, most important, the education question: what does
it take to bring children from dependence to freedom? A political regime
grounded in natural freedom has to contend with the brute fact that children
are not immediately capable of freedom or even of consent to government,
and so it always has to fnd some way to account for the authority that must
be exercised over them until they are. Even if all other traditional authorities
over adults could somehow be expunged, the problem of dependent children
would remain with us. Te very intransigence of childhood is what makes
the child and the family an ideal entrée into the problem of authority in liber-
alism since it continues to confront us every generation, long afer the clergy
has been disestablished and the nobility overthrown and universal sufrage
made a basic expectation.
Tat is not to say that political theorists have not tried to address this ten-
sion. In the United States, courts and legislatures have struggled to estab-
lish stable boundaries between the rights of the state, parents, and children
themselves, especially afer nineteenth-century eforts to outlaw child labor
and enforce child welfare. Teir distinctions had enormous implications
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction 3
that parents have, by First Amendment right if not from nature itself, broad
or even complete discretion over their children’s upbringing.2
Having succeeded at marking out a middle ground, these Rawlsian
theorists of parental authority have come to dominate the feld. Although
they understood themselves to be liberal, and ofen make cursory appeals
to early liberal thinkers like Locke, their arguments betray serious amnesia
about the arguments of the seventeenth and eighteenth centuries regarding
the nature and justifcations for authority over children. By neglecting these
early liberal understandings, however, modern liberal theorists have weak-
ened their own grounds for even the minimal parental authority they set out
to defend and have delineated unstable and ultimately inefectual boundaries
between the state and the family.
2 Infuential versions of the liberationist argument can be found in Ivan Illich, Deschooling Society
(New York: Harper & Row, 1971); Paolo Freire, Pedagogy of the Oppressed (New York: Continuum,
2003); John Holt, Escape from Childhood (New York: Ballantine, 1975). Te religious conservative po-
sition was represented by organizations like the Homeschool Legal Defense Association and groups
involved in defending local control of the schools in the 1970s. For their arguments, see Mitchell
Stevens, Kingdom of Children: Culture and Controversy in the Homeschooling Movement (Princeton,
NJ: Princeton University Press, 2003) and Campbell Scribner, Te Fight for Local Control: Schools,
Suburbs, and American Democracy (Ithaca, NY: Cornell University Press, 2016).
3 As Yoder faded from memory and privatizing educational reforms like homeschooling,
vouchers, and charters became more widespread in the 1990s, liberal theorists extended their
arguments to target them instead. For example, Meira Levinson, Te Demands of Liberal Education
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
4 Liberal States
Rawls himself, writing just before Yoder, had said little about the legitimate
extent of parental authority over children. He admitted that some experience
of personal authority is necessary for adequate moral development but la-
mented that so irrational a foundation as the “morality of authority” is re-
quired for so rational a project as a well-ordered society. Accordingly, he tried
to diminish and constrain it, limiting its use to “primitive” childhood. Even
there, it was not absolute, since “moral development fails to take place . . . if
parental injunctions are not only harsh and unjustifed, but enforced by pu-
nitive and even physical sanctions.”4 But faced with the possibility that few
parents will abide by “the principles of justice” in their childrearing practices,
Rawls turned to ideal theory and instructed readers to imagine ourselves
in a society where parental “precepts are on the whole justifed,” thereby
circumventing the most difcult questions about which precepts are justif-
able in the frst place.5 Tis omission lef an opening for Rawls’s followers to
deduce the nature and extent of parental authority that would conduce to his
vision of a just society.
Tese followers advanced a few central points. First, they argued that since
no one can claim a property right in children, “it is morally arbitrary who—
the state or the parent—exerts coercive control” so long as the coercion is in
the interest of the child, as Levinson put it.6 Parents are only the most com-
monly appointed trustees discharging a societal duty to educate children, a
duty they share with the liberal state through its schools.7 Tough there is
some disagreement over the appropriate goal of this education, most liberal
theorists have settled on autonomy as the aim to be pursued and protected
by the state. Autonomy has taken stronger and weaker forms for diferent
theorists, ranging from a “right to an open future,” a willingness to weigh
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and revise one’s conception of a good life, or the capacity of “choosing freely
(New York: Oxford University Press, 1999) and Rob Reich, “Testing the Boundaries of Parental
Authority over Education: Te Case of Homeschooling,” Nomos 43 (2002), 275–313. Similarly, the
opponent on the lef shifed over the same period from child liberation to a multiculturalism that
demanded accommodation in liberal societies for anti-liberal minority cultures. On this, see Stephen
Macedo, Diversity and Distrust (Cambridge, MA: Harvard University Press, 2009), 13–40. Te no-
table exception to these trends in Rawlsian thought was William Galston, who consistently defended
parental authority, educational decentralization, and pluralism on liberal grounds. See Liberal
Purposes (Cambridge: Cambridge University Press, 1991).
4
John Rawls, A Teory of Justice (Cambridge, MA: Harvard University Press, 1971), 466.
5
Rawls, Teory of Justice, 463.
6 Levinson, Demands of Liberal Education, 47–48.
7 Amy Gutmann, “Children, Paternalism, and Education: A Liberal Argument,” Philosophy and
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction 5
8 I am eliding for concision slightly diferent accounts of the goal of democratic education here
under the umbrella of autonomy, but I take Meira Levinson’s point that even those theorists who
claim to be arguing for something weaker than autonomy ultimately depend on it. See Levinson,
Demands of Liberal Education, ch. 2. Te specifc aims quoted here originate in Joel Feinberg, “Te
Child’s Right to an Open Future,” in William Aiken and Hugh LaFollette (eds.), Whose Child?
(Lanham, MD: Rowman & Littlefeld, 1980), 124–153; Eamon Callan, Creating Citizens: Political
Education and Liberal Democracy (New York: Oxford University Press, 1997), and Gutmann,
“Children, Paternalism,” 338. Similar arguments can be found in, e.g., Levinson, Demands of Liberal
Education; Amy Gutmann, Democratic Education (Princeton, NJ: Princeton University Press, 1999);
Stephen Macedo, Diversity and Distrust (Cambridge, MA: Harvard University Press, 2000); and
Matthew Clayton, Justice and Legitimacy in Upbringing (New York: Oxford University Press, 2006).
9 Gutmann, “Children, Paternalism,” 338, 342.
10 Ian Shapiro, Democratic Justice (New Haven, CT: Yale University Press, 2001), 71.
11 Gutmann, Democratic Education, 121.
12 Gutmann, Democratic Education, 43.
13 Macedo, Diversity and Distrust, 201.
14 Levinson, Demands of Liberal Education, 61.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
6 Liberal States
Te Logic of Congruence
perimentation with many ways of life serves this end much better than an
insular and hierarchical family.17
15 Gutmann and Macedo admitted narrow exceptions to compulsory state education, but Levinson
argued that such exemptions are unnecessary, since any potential tyranny of the state over children
through schools is no worse than, and indeed counteracts, the de facto tyranny of parents. Gutmann,
Democratic Education, 121–122; Macedo, Diversity and Distrust, 207; Levinson, Demands of Liberal
Education, 67. Gutmann’s schools are amenable to some community input but only over “particulars”
like the teaching of state history and local traditions, while federal and professional considerations
determine everything else and may be invoked to overturn local decisions even in particulars.
Gutmann, Democratic Education, 72–77.
16 I borrow this term from Nancy Rosenblum, “Democratic Families: Te Logic of ‘Congruence’
in many cases, the requirement of “family harmony” will “(properly) trump autonomous decision-
making.” Levinson, Demands of Liberal Education, 60–62.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction 7
18 Tis development, centered especially on the theories of psychologists like Jean Piaget, is
Ravitch, Lef Back: A Century of Battles over School Reform (New York: Simon and Schuster, 2001).
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
8 Liberal States
21 While I’m aware that the term “authoritarian” has a nefarious connotation, I use it in my title
and throughout this book as a morally neutral adjective to describe the application of authority. Te
English language has no other word for this, “authoritative” being more connected to the trustwor-
thiness of experts than the rule of parents over children. Te lack even of a word to describe moral
authority in action that isn’t coded as illiberal is itself an indication that our antipathy to authority has
overreached.
22 Teodor Adorno et al., Te Authoritarian Personality (New York: Harper, 1950), 971–972.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction 9
education that suppresses adult authority for the sake of facilitating self-
government in children and a “protected space” in which to rehearse equality
among themselves in fact leaves the child wholly at the mercy of his peers.
23 Hannah Arendt, “What Is Authority?” Between Past and Future (New York: Penguin,
1968), 96–97.
24 Arendt, “What Is Authority,” 93, 106, 122. Each thinker I discuss in the chapters that follow
defnes authority and its relation to power somewhat diferently. I will allow each one to speak for
himself, but Arendt’s defnition is useful to keep in mind in the background since it does turn out to
be generally true that absolutists tend to collapse power and authority while liberals try to separate
them. Contemporary defnitions like Joseph Raz’s that authority is “exclusionary reason” may in some
cases render authority more concrete and legible than Arendt’s somewhat vaguer account, but for my
purposes, hers is conceptually more useful in clarifying the diferences between liberal and non-
liberal accounts of authority, without carrying so much of the analytical baggage that is attached to
contemporary defnitional disputes. But see Joseph Raz, Te Morality of Freedom (New York: Oxford
University Press, 1988), chs. 2–3.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
10 Liberal States
Te child in the group . . . is of course rather worse of than before. For the
authority of a group, even a child group, is always considerably stronger and
more tyrannical than the severest authority of an individual person can be. . . .
By being emancipated from the authority of adults the child has not been freed
but has been subjected to a much more terrifying and truly tyrannical au-
thority, the tyranny of the majority.25
25 Arendt, “Te Crisis in Education,” in Between Past and Future (New York: Penguin, 1968), 181.
26 Tis is true both relative to other countries, in Trends in International Mathematics and Science
Study (TIMSS) and Programme for International Student Assessment (PISA) test results, and do-
mestically, in standardized test scores.
27 See, e.g., Jean Twenge et al., “Birth Cohort Increases in Psychopathology among Young
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction 11
lonelier, angrier, and sadder.28 Tese difculties track Arendt’s worries about
what will happen to children in liberal democracies in the absence of adult
authority.
Education in the liberal tradition is the gradual development of self-
control, what earlier liberals called “self-mastery.” But until children can
control themselves, they are easily controlled by others. Te parental and
pedagogical authority of individual adults may be abused and misused, but
it can also be well-used. Te pedagogical authority of the peer group difers
in that, in its irrationality, it can never be well-used. So the task of educa-
tion in liberal democracies requires adults to use their personal authority
over children to protect them from the competing and corrupting sources
of authority and guide them toward self-mastery and intellectual indepen-
dence, allowing them eventually to face the omnipresent social pressure of
society on their own and decide for themselves whether and when to follow
the crowd.
Arendt’s account begins to illuminate the reason that liberty has always
required authority, and not simply the impersonal authority of the law or of
political representatives viewed as extensions of one’s own will, but the in-
tensely personal authority of individual adults whose guidance and instruc-
tion shapes us in childhood. Her answer to the pugnacious philosophizing
child is that, precisely because this is a free country, your parents and your
teachers must be the boss of you. If they don’t step up to this role, you will
fnd yourself at the mercy of much worse bosses. Tis understanding of the
central role that adult authority plays in the development of self-mastery and
the protection it ofers against subjection to the tyranny of opinion ofers a
stronger grounding for the exercise of parental and pedagogical authority
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
12 Liberal States
cannot simply be a mirror of the regime, a position that was originally held
by absolutist thinkers before it was revived by contemporary liberals, and in
fact must be its inverse: the liberty of the adult citizen depends on the subor-
dination of the pre-political child.
Tis study begins from Arendt’s insight that education is an inherently au-
thoritarian undertaking and that liberalism’s denial of this seriously weakens
it. Following Arendt, I attempt to answer the question, “What was authority?”
My concern is primarily with modern authority, authority as it was conceived
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction 13
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
14 Liberal States
Moreover, unlike Bodin, he saw that the deepest threat to sovereignty would
not come from competing formal powers like the nobility or the clergy, but
from the competing informal power of public opinion. So, to fortify sover-
eign authority against any challenge from above or below, he subordinated
fathers to sovereigns in the commonwealth. But he also encouraged the
sovereign to maintain the patriarchal family in order to educate subjects by
harsh experience to prefer a distant, impersonal ofce of the sovereign rep-
resentative to rule by a powerful, near-at-hand, and obnoxiously personal
father. Hobbes’s sovereign is designed to resolve the contradictions of the
sovereignty theory inherited from Bodin, and it does so by structuring polit-
ical authority in such a way that even the right to defne ideas is concentrated
in the sovereign.
In the third and fourth chapters, I turn to Locke’s account of political and
paternal authority. I show that Locke developed an anti-sovereignty political
theory as a result of a gradually increasing skepticism that Hobbes’s solution
to the problem of seditious opinions was practicable. If even an absolute sov-
ereign could not direct or control public opinion, and “fashion” and “reputa-
tion” rather than positive law were the most powerful determinants of human
conduct, then these forces posed an even greater threat to individual liberty
than an arbitrary political ruler. Contemporary liberals identify Locke as one
of, if not the foundational thinker for the positions they develop, but their ac-
count of Locke remains at best incomplete. Tey are right to see in the Second
Treatise an efort to reduce political authority to impersonal ofces and laws,
but they overestimate the extent to which that efort bleeds into private life or
is intended to be a guiding principle for education and childrearing. Locke’s
education follows from his concern with protecting epistemic liberty against
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the power of fashion described in the Essay, and he enlists the paternal (or
parental) authority in this efort to defend against something like the tyranny
of the majority that Arendt feared from submitting children to one another’s
government. Locke thus reverses the logic of congruence: a state grounded in
equality and individual liberty requires a hierarchical, authoritarian family
to sustain itself.
In the fnal two chapters, I consider Rousseau’s writings on public and pri-
vate authority. Rousseau is of interest to us because he responds directly to
Locke and Hobbes and ofers the most elaborate account of the relation be-
tween personal authority and both legal sovereignty (in the Social Contract)
and the informal power of opinion (in the Letter to d’Alembert). Unlike
Locke, Rousseau does believe that public opinion can be directed, though
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Introduction 15
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
16 Liberal States
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
1
Te Rise of Sovereignty and the
Logic of Congruence
1 Examples of such constitutionalism from English and French thought include Tomas Smith, De
Republica Anglorum (1583), Richard Hooker, Of the Laws of Ecclesiastical Polity (1597); Claude de
Seyssel, Te Monarchy of France (1519); and Francois Hotman, Francogallia (1573).
Liberal States, Authoritarian Families. Rita Koganzon, Oxford University Press. © Oxford University Press 2021.
DOI: 10.1093/oso/9780197568804.003.0002
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
18 Liberal States
Yet establishing personal authority was not the aim of sovereignty theorists.
On the contrary, they saw themselves as imposing a rational administra-
tive order on the chaos of medieval law, with its multitude of independent
jurisdictions, its secular and canon traditions, and its competing claims of
corporate and personal rights.2 In addition to a jumbled feudal legal inherit-
ance, the more recent rise in the sixteenth century of Machiavellianism and
the doctrine of raison d’etat, emphasizing security over legality, threatened
to pry political rule apart from law entirely.3 Sovereignty as articulated in
Bodin’s writings was an attempt to domesticate the Machiavellian concep-
tion of power by writing it into the law to produce a coherent political-legal
basis for the French monarchy, on a model that every state could potentially
follow.4
Although Bodin intended sovereignty theory to strengthen and ration-
alize the monarchy rather than loose an unbounded despotism of the king’s
arbitrary will on France, the logic of sovereignty remained one of absolute
power, and Bodin never denied it. On the contrary, because the idea of an
absolute public power did not exist in feudal law, Bodin made an extensive
efort to substantiate its existence from other sources, turning away from
the legal history of France and toward a more abstract genealogy of polit-
ical power to do so. His efort to fnd a source or model of absolute power
that would supersede the feudal privileges of the French constitution led him
to the family, where he argued that fathers originally had such power, both
from God and ancient tradition. Te evidence of such power could be seen
in the jus vitae necisque, the power of life and death of Roman fathers over
their children. Elevating a primordial familial model of political power over
the prevailing natural-law account of the family as natural and prior to the
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2 Harold Berman, Law and Revolution (Cambridge, MA: Harvard University Press, 1985), particu-
larly Part II on secular legal systems. Berman emphasizes that the overlapping legal systems of the late
medieval period were actually quite well-ordered and functional in practice despite their complexity,
a view also taken by Bodin’s opponent Francois Hotman, whose contemporaneous Francogallia was
a competing account of French legal history arguing that France was founded on the power of the
people for the purpose of limiting the monarch. In particular, as Daniel Lee has argued, Bodinian
sovereignty was concerned with establishing a frm legal distinction between the king’s public power
over the kingdom and the arbitrary power of a feudal lord over his demesne. See Daniel Lee, “‘Ofce
Is a Ting Borrowed’: Jean Bodin on Ofces and Seigneurial Government,” Political Teory 41 (2013),
409–440.
3 On the doctrine of raison d’etat, see Quentin Skinner, Foundations of Modern Political Tought,
vol. 1 (Cambridge: Cambridge University Press, 1978), 248–254; Richard Tuck, Philosophy and
Government (Cambridge: Cambridge University Press, 1993), ch. 2.
4 Bodin rejects Machiavelli in the preface of his Six Books, but there is good reason to see him
as a systemizer and domesticator rather than an outright opponent of Machiavelli. See also Harvey
Mansfeld, Taming the Prince (New York: Free Press, 1989), 153–157.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
The Rise of Sovereignty 19
Te Purpose of Sovereignty
It becomes clear in his frst major work, the Method for the Easy
Comprehension of History of 1566, that Bodin arrived at the idea of sover-
eignty in an efort to overcome the legal particularities of the French consti-
tution and move toward a universal jurisprudence. Sovereignty is introduced
in the sixth book of the Method as the unifying principle of all government,
the structure or power underlying the whole variety of the world’s polit-
ical arrangements. It is, in his 1576 formulation, “the most high, absolute,
and perpetual power over the citizens and subjects in a commonweale.”5 As
5 Jean Bodin, Te Six Books of the Commonweale, trans. Richard Knolles (London, 1606), I.8. Te
question of editions of the Six Books is fraught, since Bodin translated his own French edition into
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
20 Liberal States
Latin with modifcations, and there remains only one unabridged English translation, from 1606, on
which I rely here.
tyrant is to imagine that there is no diference between a large household and a small city (Aristotle,
Politics, 1252a5). But for Bodin, these are merely two approaches to governing—the “seigniorial” and
the “legal.” He encourages the latter but recognizes the legitimacy of the former.
9 Bodin, Method, 170; Six Books, I.1.
10 Bodin, Method, 170–171.
11 Bodin, Method, 170–171.
12 Bodin, Six Books, I.4.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
The Rise of Sovereignty 21
not the direct source of the monarch’s power.15 Moreover, the state is neither
13 Mansfeld notes, “Bodin frequently criticizes Aristotle for situating sovereignty in something
so indeterminate as deliberation. Te legislative power will never be precisely located if one has to
look for men who deliberate; it is safer and surer to look for one who commands. Law is then com-
mand, and command is not merely a necessary feature of law . . . but sufcient to defne it.” Mansfeld,
Taming the Prince, 155. Lee tempers this reading by pointing out that Bodin does attempt to put cer-
tain state ofces beyond the reach of the sovereign’s command, but this will be discussed on p. 16.
14 Bodin, Six Books, I.8. Tis phrase is here in the context of an exhortation to the prince to follow
the law of nature, but in this case by violating the law of nations. In the next usage, it is an exhortation
to subjects not to resist a king who is “the image of God.”
15 A clearer example of a divine right theory where a monarch’s power is directly created and
sustained by God may be found in Filmer and, later, in Books III–IV of Jacques Bossuet’s Politics
Drawn from the Very Words of Holy Scripture, trans. Patrick Riley (Cambridge: Cambridge University
Press, 1990).
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
22 Liberal States
the direct creation of God nor the natural product of human sociability. Te
power that does arise spontaneously in nature is paternal power:
Tis word power, is common unto all such as have power to command
others. . . . So the prince (saith Seneca) hath power over his subjects, the
magistrate over privat men, the father over his children, the maister over
his schollers, the captaine over his souldiers, the lord over his slaves. But
of all these the right and power to command, is not by nature given to any
beside the father, who is the true image of the great and Almightie God the
Father of all things.16
In addition to being the image of God, the father is endowed with a power
to command by nature. Te natural primacy of the family is reinforced by
Bodin’s claim that the family can exist and persist without a state, but not vice
versa.17
When examined closely, however, Bodin’s stress on the naturalness of the
family actually jeopardizes the authority of the sovereign, which is by con-
trast unnatural, or only indirectly natural. Two difculties follow from the
identifcation of paternity with the basis of sovereign power: frst, the correct
arrangement of the family is elevated to an urgent political consideration in
its own right, since the arrangement of political power in the state nears the
natural and divine standard as it more closely resembles the arrangement of
the family. Second, as the father’s powers expand to better model absolute
sovereignty, they increasingly confict with the sovereign’s powers. Te result
is an unresolved tension in Bodin’s politics between the conventional power
of the civil sovereign and the natural right of the father.
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
The Rise of Sovereignty 23
its context, since, like slavery, whose abolition Bodin endorses, the jus vitae
necisque was a pre-Christian practice abolished in the name of Christianity.20
But to view Bodin’s efort to restore this right as an efort to transform the
family into a despotism is as mistaken as to view absolutism itself as a des-
potic doctrine rather than an efort to strengthen and rationalize the state.
Bodin conceives of the family as fundamentally an association held together
by bonds of afection: he permits divorce and claims parental love will almost
always prevent fathers from exercising their restored powers.21
Te recovery of this extraordinary power is not intended to alter existing
family relations, but is rather a formal necessity for Bodin’s family to fully model
absolute sovereignty—to become “the true seminarie and beginning of every
commonweale”—that it never was under previous legal arrangements, so that
the state can follow suit.22 A correct orientation toward the authority of his fa-
ther would form the moral basis for the subject’s reverence for his king: “If it is
servile to bear the authority of a king, it ought also to seem servile to obey one’s
parents.”23 Making this claim plausible requires that the form of the family be
modifed to better refect the logic of sovereignty, and that it be brought into
closer parallel with the state so that it may plausibly model its power. Tis is the
introduction of the logic of congruence into modern political thought, and it is
important to note that this logic appears in defense of absolutism.
Te parallel forms and extent of paternal and political power are precisely
what generates the tension between fathers and kings in the Six Books. If
paternal power is to be expanded into a power of life and death over some
subjects (i.e., one’s own children) at the same time that sovereignty is to be
understood as the fnal decision in all cases, including capital cases, these two
claims must confict. Any father who executes his children deprives the sov-
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ereign of his pardon power. On the other hand, any son raised to regard his
father as his absolute sovereign will have little reason to replace him with the
monarch, especially while the father remains alive. Where loyalty to a father
conficts with loyalty to a prince, Bodin privileges flial relations. Even “if the
father shall be a theefe, a murtherer, a traytor to his countrey . . . yet I say, it is
not for the sonne to put his hand thereunto.”24 For the child who is, as Hobbes
20 Bodin himself associates its decline with the reigns of Constantine and Teodosius. Six Books, I.4.
Becker shows that Bodin’s claim about patria potestas was entirely at odds with his contemporaries.
Gendering the Renaissance Commonwealth, 121–123.
21 Bodin, Six Books, I.4.
22 Bodin, Six Books, I.2.
23 Bodin, Method, 277.
24 Bodin, Six Books, II.4.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
24 Liberal States
would later say, made to “obey two masters,” the lesson of a Bodinian com-
monwealth regarding allegiance is contradictory.25 Tere is an additional dif-
fculty with family property, whose disposal Bodin prefers to leave to fathers,
in keeping with the principle of patria potestas, but which he permits the sov-
ereign to interfere in.26 He faces the same difculty with the feudal privileges
of particular noble families. “Certaine particular statutes” are permissible,
but subject to the pleasure of the prince, and should only be preserved if they
serve the public good. “For it is not without great cause to bee sufered, that
the lawes of privat families should derogat from the customes of the country,
and so, much lesse from the generall laws and ordinances.”27
Although everything about the structure of the Bodinian family tends to
collapse the distinction between family and state, Bodin is adamant that the
distinction between public and private is natural and necessary. Richard Tuck
describes the Six Books as “[taking] its start from an attack on Aristotle, and
in particular on his distinction between political communities or cities and
other social groups, notably the family,” but even as Bodin disputes Aristotle’s
distinctions between kinds of rule and confates them all into a single form
of command, he insists that a large family is not a small state, and that the
worst kind of regime is that proposed by Socrates in Plato’s Republic, which
dissolves the boundary between public and private.28 Although the family is
“the true image of a Citie, and . . . so also is the manner of the government of
an house or familie, the true modell for the government of a commonweale,”
Bodin nonetheless insists that the family not be mistaken for a polity.29 What
“chiefy distinguishes the family from the state [is] that the latter has the fnal
and public authority, the former limited and private rule.”30 Yet how these
two identical forms of authority over the same subjects may coexist without
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25 Actually, three masters, but as for Hobbes, the highest master is the least efective.
26 Bodin, Six Books, I.4; Skinner, Foundations, vol. 2, 296.
27 Bodin, Six Books, I.2. Tis rejection of feudal privilege is in line with Preston King’s argument
that Bodin’s “normative aim . . . was primarily to make intermediate (or ‘private corporate’) bodies
more susceptible to sovereign control,” but King assumes the family itself “presented no particular
obstacle to sovereign control,” which this passage indicates is not so, since at least the noble family
ofen had corporate legal privileges. Preston King, Te Ideology of Order (London: Allen and Unwin,
1974), 154.
28 Tuck, Philosophy and Government, 26. See also Becker, Gendering the Renaissance
Commonwealth, 150–152. On the distinction between a small state and a large family, see Bodin, Six
Books, I.2. For his criticisms of Plato, see Method, 268–269; Six Books, I.2.
29 Bodin, Six Books, I.2.
30 Bodin, Method, 158.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
The Rise of Sovereignty 25
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
26 Liberal States
gitimacy he denied.32
One fgure of particular interest for understanding the efect of Bodin’s
sovereignty theory on conceptions of personal authority is the English roy-
alist pamphleteer Robert Filmer, who wrote one generation afer Bodin.
Bodin played a central role in all of Filmer’s writings, one of which is simply a
series of excerpts from the 1606 English translation of the Six Books empha-
sizing the sovereign’s exemption from law, published by Filmer as “Te
Necessity of the Absolute Power of All Kings.” Others, like “Te Anarchy of
a Mixed Monarchy” and Patriarcha borrow liberally from Bodin.33 Filmer’s
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
The Rise of Sovereignty 27
overriding concern was to fnd a principle of political origins that would re-
liably preempt any claim against the exercise of absolute monarchical sov-
ereignty, to close the gap between power and authority that Bodin had lef
open. He escaped from entanglements with popular sovereignty and consent
by grounding his pre-history of the state directly in Scripture rather than nat-
ural law,
for it is not possible for the wit of man to search out the frst grounds or
principles of government (which necessarily depend upon the original of
property) except he know that at the creation one man alone was made, to
whom the dominion of all things as given and from whom all men derive
their title. Tis point can be learnt only from the Scriptures.34
Te error of even fellow royalists was to accept the authority of pagan writers
and particularly of Aristotle on the origin of government. Against them,
Filmer asserts that only the frst human government expressly approved by
God can be a reliable blueprint for subsequent government, and all others are
efectively heretical, because “a natural freedom of mankind cannot be sup-
posed without the denial of the creation of Adam.”35 God’s creation of Adam
is the source of right in Filmer because it can be subject to no further ap-
peal; neither natural law nor speculative principles drawn from philosophy
can supersede it. (Although, as Locke demonstrated, a contrary reading of
Genesis may do the trick.)
But divine creation on its own does not specify the nature or extent of po-
litical power, since, unlike God, kings do not command obedience by virtue
of having created their subjects. By emphasizing instead the paternal char-
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
28 Liberal States
Tis is, in efect, the perfection of the logic of congruence. Even more than
in the Six Books, the family and state are structured along identical principles
and for identical ends in Filmer’s thought.
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37 Filmer, Patriarcha, 12. Tis power extends to usurpers: “It is true, all kings be not the nat-
ural parents of their subjects, yet they all either are, or are to be reputed as the next heirs to those
progenitors who were at frst the natural parents of the whole people, and the right to succeed to the
exercise of supreme jurisdiction.” Patriarcha, 10.
38 Filmer, “Observations upon Aristotles Politiques,” 237. It is noteworthy that Filmer’s reduction
of all power to paternal power leaves him completely unable to account for any civil association that
is not a family, or even for any familial relations other those between fathers and sons.
39 Interesting among these eforts is his claim that even where there is popular government, what
really holds the state together is the continued absolute power of fathers over their families, so that in
efect, patriarchal absolutism is always the government of every state, either expressly in monarchies
or indirectly when private fathers must rule where the state has devolved from monarchy. “It is ob-
servable that Rome in her chief popularity was of beholding for her preservation to the monarchical
power of the father over the children.” Filmer, “Observations upon Aristotles Politiques,” 260.
40 Filmer was, in this sense, a consummate originalist, for all political right and duty for him
follows from a single, actual beginning, to which nothing can be added, and elements can only be
removed by unfortunate corruption.
41 Filmer, Patriarcha, 12.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
The Rise of Sovereignty 29
Filmer collapsed the public into the private to produce a politically un-
tenable simplicity. But it is a simplicity that at least in theory accomplishes
Bodin’s goal of centralizing and concretizing political authority against the
constitutionalists of the sixteenth century who sought to balance the parts
of the regime against one another and preserve a distinction between nat-
ural power and political ofce. For Filmer, “these four words, command,
authority, power, and majesty signify ordinarily one and the same thing, to
wit, the sovereignty or supreme power.”42 Tat power is the paternal right of
the monarch, which is both the origin and substance of politics, law being
nothing more than the personal will of this monarch. Tat Filmer’s denial
of any distinction between the family and the state was a practical dead-end
does not entirely detract from its theoretical and rhetorical power. Filmer’s
lasting contribution lies far more in his astute criticism of natural rights the-
ories than in the practicality of his proposed alternative. What he saw very
early was that the efort to ground sovereignty in popular consent—an efort
undertaken by monarchists and even absolutists no less than republicans—
was doomed to devolve into popular sovereignty and to weaken the monar-
chical authority it was intended to buttress. Any efort to justify absolute
monarchy required a wholly diferent account of political origins, and the
family was in fact a much stronger theoretical model for the sovereign state.
Congruence between the structure of authority in the family and the state
was not a political aim prior to Bodin. Sixteenth-century constitutionalists
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contrasted patriarchal rule against their own aim: rational and impersonal
administration according to standing laws. It was Bodin’s sovereignty theory,
also a rationalizing enterprise but with a very diferent grounding, that frst
advanced paternal authority as a plausible model for the monarch’s power.
Tis model had to overcome an important difculty, however, because al-
though paternal authority was widely held to be an expansive spontaneous
grant of both divine and natural law, it was hardly held to be the kind of ab-
solute, lifelong power over children that would make it an educative parallel
to the sovereign power that Bodin was trying to construct. Drawing on pa-
ternal authority as a model for his sovereign required Bodin to substantially
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
30 Liberal States
But Bodin relied on an internal logic of power and ofered little in the way
of political origins that could demonstrate why an absolute monarchical sov-
ereign had come to be. When Hugo Grotius and the modern natural lawyers
tried to fll out this gap in Bodin’s theory, they did so by elaborating an ac-
count of political origins according to which free men had come together
and agreed to establish the regime under which they lived. A version of
this account of a choice of regimes and the selection of monarchy had been
a standby of pre-sovereignty thinkers, but with the introduction of sover-
eignty, the old understanding of popular consent now seemed to point to
popular sovereignty. Yet if all sovereignty originates in popular consent, then
how, asks Filmer, are the people ever persuaded to transfer their right to rule
to a clique of aristocrats or, even less plausibly, an absolute monarch? Filmer
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
The Rise of Sovereignty 31
ofers an answer that extends the patriarchal suggestion in Bodin, that kings
are spontaneous absolute rulers appointed by God, and their relation to
subjects is one of direct paternal authority. Te absolutists’ pursuit of family-
state congruence would receive its most complex treatment in Hobbes,
however, in his efort to account for an absolute monarchical sovereign that
originates in popular consent and not nature or God, but is nonetheless per-
manent, indivisible, and total.
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Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
Copyright © 2021. Oxford University Press USA - OSO. All rights reserved.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
2
Hobbesian Sovereignty and
the Denaturalization of Authority
While Filmer sought to tighten the connection between paternal and sover-
eign power, Hobbes was the frst sovereignty thinker to resolve Bodin’s ten-
sion between these two by rejecting the naturalness of paternal authority and
the family altogether, and thereby preempting any threat that natural fathers
could pose to the artifcial sovereign. Hobbes understood more clearly than
Bodin that the possession of power is not a self-evident truth recognizable
to all, but that it needs the support of popular opinion (that “reputation of
power is power”). Sovereignty could not sustain itself on abstract prohib-
itions alone but required in addition a means of managing popular opinion
in its favor. Where Bodin and his followers had been content to deny a right
to resistance, Hobbes sought to root out the desire for it in subjects, since
he saw that where such desire was sparked in popular opinion and infamed
by “the popularity of a potent subject,” neither prohibition nor even forcible
suppression would sufce to put out the fre (L, 29.20). For “a state can con-
strain obedience, but convince no error, nor alter the minds of them that be-
lieve they have the better reason” (B, 62).
Te need to manipulate public opinion to favor the sovereign’s power
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resulted in Hobbes’s much greater attention to what we now call mass psy-
chology, both in the design of his commonwealth and in the tools he ofered
the sovereign to manage the passions and opinions of his subjects. By closing
of appeal to natural or divine law, whose autonomy Bodin had been content
to leave intact, Hobbes elaborated a constitution from which restive subjects
had as little access as possible to “private judgment of good and evil” by which
they might accuse the sovereign of misrule. By arguing that all human rela-
tions that had been legitimated by appeal to nature or long legal usage were
in fact legitimated only by the artifcial means of covenant and were thus in-
ferior to the original, foundational covenant with the sovereign, he sought
to suppress personal loyalties and passions that made subjects susceptible
Liberal States, Authoritarian Families. Rita Koganzon, Oxford University Press. © Oxford University Press 2021.
DOI: 10.1093/oso/9780197568804.003.0003
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
34 Liberal States
Hobbes on the family shared by many scholars, who assume that the natural-
ness of the family is beyond question, even by Hobbes, despite their recogni-
tion of the depth of Hobbes’s aversion to any conception of human relations
grounded in nature. But Hobbes is actually consistent in his anti-naturalism
and makes no exception for the family. Indeed, the extent of his radically
1 Bodin was wary of such medieval holdovers and he permitted the sovereign to curtail their
privileges but cautioned him to tolerate their traditional independence where necessary. Richard
Boyd has drawn attention to Hobbes’s suppression of mediating institutions because of their ability to
divert subjects’ loyalties away from the sovereign and encourage many forms of sedition (e.g., L, 29,
42.9). Boyd, Uncivil Society (Lanham, MD: Lexington Books, 2004), ch. 1.
2 Boyd, Uncivil Society, 65–68.
3 Boyd, Uncivil Society, 61.
Koganzon, Rita. Liberal States, Authoritarian Families : Childhood and Education in Early Modern Thought, Oxford University Press
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