Jose Harris
self-government and national autonomy from older supra-national dynastic
and territorial empires (see below).
Nevertheless, though states grew in number (and some of them in size)
there was ever-increasing diversity of opinion about their proper functions
and powers. From the writings of Bentham at the end of the eighteenth cen-
tury and of John Austin in the mid-nineteenth century through to those of
Max Weber in the early twentieth, there was a powerful strain in the cross-
national culture of political thought that defined the essence of the state in
implicitly Hobbesian terms: as a ‘political society’ ruled by whichever power
held ultimate or ‘absolute’ command over the use of force within a given ter-
ritory (Austin 1965,pp.212–93; Bentham 1970b, pp. 5–6, 18–30, 196–208,
289; Weber 1954,pp.338–48, 2005, 126–49).
9
This model of state power, as
rooted in ‘sovereignty’ (and in the cognate though not identical concepts of
‘domination’, ‘rulership’ or ‘Herrschaft’) was widely disseminated by many
British and continental theorists, who saw it not as an endorsement of state
tyranny but as an objective, ‘scientific’ account of ordered political existence,
even in a polity where the mass of the people was sovereign, and as inex-
orably ‘true’ of any constitutional order as the law of gravity in Newtonian
physics (Comte 1851–3,pp.432–5; Stephen 1892,pp.16, 30; Tocqueville
1968,pp.68–71). As even J. S. Mill, celebrated as the prophet of personal lib-
erty, put it, ‘government is always in the hands . . . of the strongest power in
society,and...whatthisisdoesnotdependoninstitutions,butinstitutions
on it’ (Mill 1981,p.169). This so-called ‘Hobbesian’ perspective had been
regularly criticised, however, from many quarters, as despotic, historically
outmoded or logically flawed. Such criticisms came, not just from classical
liberals like Lord Acton, who denied that properly constituted states ever had
need of ‘absolute’ or arbitrary powers. They came also from representatives
of various strands of philosophical ‘idealism’, ranging from Immanuel Kant
earlier in the century who – despite largely endorsing Hobbes’ account –
thought that formal rationality required sovereign rulers to be bound by uni-
versal moral law; through to T. H. Green, Bernard Bosanquet and the young
John Dewey at the end of it, who emphasised the state’s role as the medium
of collective moral life, rather than (or at least in addition to) organised legal
coercion (Bosanquet 1910,pp.172–8; Dewey and Tufts 1910,pp.473–
85; Green 1911,pp.121–5, 206–16, 230–47;Kant1998/9, pp. xxvi–ix).
Dissent came likewise from some late nineteenth-century feminists, who
9 Bentham’s treatise on this subject was not published until the 1940s, but his views were widely known
in utilitarian circles, and were closely replicated by Austin.
910