English Political Thought Between Middle Ages and Modern Age
Part I
Riccardo Piroddi
Abstract: Il pensiero politico inglese tra Medioevo ed età moderna si sviluppa attraverso concetti chiave come il costituzionalismo, il ruolo della consuetudine nel diritto, l’utopismo e il puritanesimo. Il costituzionalismo afferma che il potere sovrano deve essere limitato da leggi codificate e consuetudini, per garantire la giustizia e la libertà individuale. Testi storici come la Magna Carta (1215) e l’Habeas Corpus Act (1670) rappresentano tappe fondamentali nella limitazione del potere monarchico. I primi costituzionalisti inglesi, come Henry of Bracton e John Fortescue, sottolineano l’importanza della consuetudine come fonte di diritto e sostengono la partecipazione del popolo nella creazione delle leggi, anticipando i principi del Common Law. Nel campo della letteratura utopica, Thomas More introduce una visione ideale della società nel suo Utopia, criticando le disuguaglianze della sua epoca e immaginando un sistema senza proprietà privata, basato su equità e moralità. Questo filone influenzerà autori successivi come Tommaso Campanella e Francis Bacon, che propongono modelli utopici fondati su giustizia, scienza e organizzazione collettiva. Infine, il puritanesimo emerge come reazione al cattolicesimo restaurato da Maria I d’Inghilterra e promuove un governo ecclesiastico indipendente e democratico, basato sull’elezione dei presbiteri. Tuttavia, questa visione si scontra con il modello monarchico assolutista di Giacomo I, generando conflitti tra autorità politica e libertà religiosa. L’evoluzione del pensiero politico inglese, dunque, segna il passaggio da un sistema di potere assoluto a un modello sempre più orientato alla limitazione dell’autorità e alla partecipazione del popolo nella gestione della società.
Constitutionalism
Constitutionalism is a legal philosophy that asserts that laws should not be rooted in the unchecked will of an absolute sovereign but should instead be grounded in a system of both customary and written rules, typically enshrined in a Constitution. This doctrine hinges on established legal traditions and precedents that promote individual liberty while imposing necessary restrictions on the powers of rulers through clear, known, and codified rules.
At the heart of constitutionalism lies the idea of justice, which transcends the whims of the sovereign. It is often interpreted philosophically as a manifestation of the “natural order of things.” A key tenet of this principle is that the transfer of rights from individuals to the state is never absolute or permanent but is instead conditional, instrumental, and temporary.
The protection of individual liberties forms the core of this doctrine, leading to two critical implications. First, justice is fundamentally distinguished from iussum, or orders based purely on command, and iustum, or orders founded on the “structure of reality.” Second, the relationship between law and freedom is framed as a contractual agreement between rulers and the governed, rather than as an inherent privilege of those in power.
Historical examples that embody these principles include the Magna Carta Libertatum Ecclesiae et Regni Angliae of 1215, which was the first formal document to curtail sovereign authority, and the Habeas Corpus Act of 1670, which prohibited arbitrary detention and arrest without legal justification. These landmark texts illustrate the enduring influence of constitutionalism in shaping the balance between authority and individual freedom.
The Magna Charta Libertatum Ecclesiae et Regni Angliae, granted by King John in 1215, is often regarded as the cornerstone of medieval constitutionalism. In this historic charter, the king pledges, on behalf of himself and his successors, to uphold a series of liberties and privileges traditionally belonging to specific social classes. Essentially, the Magna Carta shields certain individuals—namely free men—and institutions from the unilateral regulatory reach of the Crown.
This document encapsulates the essence of the medieval legal framework, which was not dictated by the arbitrary will of a single sovereign but rather reflected a complex tapestry of legal systems and societal structures. It illustrates how authority during this period was distributed among various entities, recognizing the autonomy and rights of different groups, rather than being centrally imposed by the monarch. The Magna Carta thus stands as a vivid example of the checks on royal power that shaped the evolution of constitutional governance in medieval society.
The first English constitutionalists
One of the earliest examples of constitutional thought can be traced back to Henry of Bracton (ca. 1216–1268), who, shortly after the issuance of the Magna Carta, articulated a political theory that emphasized the deep interconnection between law and custom. His work, De legibus et consuetudinibus Angliae (On the Laws and Customs of England, 1240), serves as a comprehensive “encyclopedia” of British law. Bracton distinguished custom from law, noting that while law reflects the will of a sovereign authority, custom is a more democratic legal source, emerging from collective and repeated practices (usus or diuturnitas). Custom, through its consistent observance over time, gains the status of law, even if unwritten. Despite its often undefined boundaries, custom holds an authoritative force in legal systems.
More than a century later, John Fortescue (1385–1476) echoed these sentiments by valuing the will of the people. He argued that citizens are inherently capable of establishing just laws and that custom represents a consistent application of natural law. Fortescue championed the idea that governance by the people (a royal and political government) should be favoured over governance by sovereigns alone (a royal government). This, he believed, better aligned with the desires of the populace and was more effective in safeguarding natural rights for all individuals.
This tradition of thought continued with figures such as Thomas Smith and Edmund Cocker. Cocker, in particular, shifted the role of natural law’s guardian from the sovereign to the judiciary, grounding his views in the principles of the Common Law system. This evolution in constitutional theory reflects a growing emphasis on the judicial branch as a crucial protector of natural rights, further advancing the democratic ethos introduced by custom and communal lawmaking.
Thomas More and English utopian literature
Thomas More (1478–1535), an English humanist and close associate of Erasmus of Rotterdam, is widely regarded as the father of Utopian literature. His contribution to this genre centers on the exploration of an idealized, imagined society where perfect justice, supreme well-being, and complete happiness are achieved. In this envisioned world, there is a strict sense of equality—though More does admit a limited form of slavery—designed to free individuals from the fear of deprivation, which often drives human greed and selfishness.
More’s most famous work, Utopia, written in Latin, critiques the deteriorating state of English society, particularly the effects of rampant private property consolidation. As an alternative, he presents an ideal society devoid of money and private ownership. The fictional island of Utopia, which More vividly describes, operates on a bartering system and a communal, almost communist, social structure aimed at ensuring a simple, frugal lifestyle for both the individual and the collective. In this society, happiness is achieved through communal living in accordance with nature and virtue. Politics is deeply intertwined with ethics, morality, and the wisdom of a patriarchal family structure, where the family unit is led by wise, elderly parental figures.
More’s vision goes beyond simply outlining a political model; it reflects a profound yearning for a radical resolution to the social issues of his time. While the mechanisms for achieving this ideal are often unclear and utopian in nature, the work underscores the need for a fundamental restructuring of society, particularly in response to the inequalities and injustices he observed. Utopia remains more a reflection of aspiration and social critique than a concrete political blueprint, embodying the hope for a world free from the vices and suffering of More’s contemporary reality.
The utopian model, despite its impracticality in real-world governance, gained widespread influence across Europe, inspiring figures like Tommaso Campanella (1568–1639) and Francis Bacon (1562–1626). In Campanella’s La Città del Sole (City of the Sun), society is governed by a central figure known as “The One” or “The Sun,” who acts as a spiritual, temporal, and military leader. This ruler is supported by three subordinate authorities—Love, Power, and Wisdom—designed to maintain a balance of control over the leader’s actions. Like Plato’s ideal Republic, La Città del Sole abolishes private property and family, yet it remains an aristocratic society with leadership based on intellectual and moral superiority.
Bacon’s New Atlantis reimagines the utopian model within a scientific and technological framework. In this vision, scientific discovery and mastery over nature shape societal organization, with a governing body driven by technological advancement. Central to Bacon’s utopia is the “House of Solomon,” an institution where scientists, through empirical research, guide both societal progress and the political structure.
A core assumption uniting these utopian visions is their emphasis on egalitarianism among members, often expressed as a form of pure communism. This radical equality resonated through the centuries, influencing thinkers like Charles Fourier (1772–1837), whose Phalanstery envisioned a harmonious collective of humans living in perfect social peace. All these utopian philosophies share a rejection of individualism and private property, instead imagining societies where equality and communal well-being dominate, though the specific means of achieving these ideals differ in their focus on metaphysical, ethical, or scientific governance.
Puritanism
In England, the backlash against Queen Mary I’s restoration of Catholicism gave rise to Puritanism, an uncompromising branch of Calvinism. Puritans believed that the Anglican Church should be replaced by a “City of Saints,” inspired by a utopian and eschatological vision rooted in the doctrine of predestination. This vision involved an active role in hastening the arrival of a divinely ordained era, free from sin and corruption.
Puritanism sought to purge the church of any remnants of Catholicism and fiercely opposed secular interference in religious matters. Their critique of the Anglican Church centered on its retention of the episcopal hierarchical system, which mirrored that of the Catholic Church. This system, where bishops were appointed by the king, symbolized for Puritans the problematic fusion of spiritual and temporal authority, which they sought to dismantle.
In place of the episcopal structure, Puritans advocated for an independent and democratic church governance. Each congregation would elect its own elders (presbyters), allowing communities of believers to guide their spiritual affairs autonomously, free from royal or secular influence. This vision stood in stark contrast to the rule of King James I, who ascended to the throne in 1603 following Elizabeth I’s death without an heir. As a staunch advocate of absolute monarchy by divine right, James I strongly opposed the Puritan movement, setting the stage for ideological conflict between proponents of royal supremacy and those pushing for religious reform and autonomy.
