Generative Principles Of Political And Other Human Institutions

Running head: POLITICAL SCIENCE 1

Generative Principles of Political and Other Human Institutions

Name

Institution

POLITICAL SCIENCE 2

Introduction

The peaceful coexistence among humanity is dictated by set principles of the state or

community. It is, however, essential to appreciate that the guiding principles are gradual and

complex in the sense that they bear both the conservative and contemporary ideologies. In his

book, Essay on the Generative Principle of Political Constitutions, Count de Maistre explores

the principles which contribute to constitutional development. He challenges some of the

fundamental political beliefs concerning issues of monarchy and democracy. Maistre also

explains the role of religion, as a guiding principle in developing political constitutions.

The Generative Principles of Political and Human Institutions

Maistre begins with the issue of writing constitutions. He explains that it is not necessary

to document laws in writing because laws are divine. Maistre’s assertions that it is erroneous to

have a written constitution is justified because every human being has a conscience which should

be substantially the guiding principle of existence. Furthermore, Maistre states that written law is

weak because its developer defines the scope of the law, and he also has the powers to amend

and abolish it as he wishes. Maistre’s argument is valid because written constitutions are indeed

dynamic, contrary to fundamental laws which are divinely instituted and rigid to change

(Maistre, 1847).

In addition to that, Maistre further argues that in a written constitution, it may not be

possible to limit the powers of a monarch ruler. He uses an example of the Turkish monarchy

where he states that no specific law empowers the Sultan to pass a death sentence yet the

condemnation to death is still exercised. Maistre further illustrates his point using the example of

the Roman administration in which both the powers of the Senate and the people are balanced

(Maistre, 1847). The implication is that the written constitution does not define the limits of the

POLITICAL SCIENCE 3

powers of the Senate. Besides, the question of limiting the powers of the King of England in

dissolving the Parliament turned to be contentious. The written law in the early 1800s did not

empower the King to do so, yet some members felt that under critical situations, the King was

justified. All these illustrations reveal that Maistre’s ideology in asserting that a written

constitution is weak is justifiable; the document cannot apply in all situation (Maistre, 1847).

In analyzing the generative principles of a constitution, we should also investigate the

technicalities of the amendment process as far as individuals are involved. According to Maistre,

intellectuals are prone to change the written law especially when the law does not satisfy their

expectations. In doing so, malice may overcome the genuine reason for the amendment. Hence

the written constitution may eventually become distorted. Primarily, if a law needs modification,

the motive of the change must be carefully analyzed to ensure that it adds value to it.

Furthermore, the investigation of the human agency affirms that the influence of humans

is subordinate to the principles forming the constitution. According to Maistre, the principles of

the law existed in the conscious mind way before the writing of the code (Maistre, 1847). He

also argues that the essential elements of the constitution can never be limited by written words,

and the writing process itself increases the fragility of the entire document. Therefore, Maistre’s

point is that the law can be best preserved as an intellectual law which exists in every person’s

mind. I agree with Maistre because the conscious mind is free from distortion and influence from

malicious people (Maistre, 1847).

Another fundamental principle that Maistre establishes is that man is naturally a free

being, free to reason and act as he wishes. A free person reasons only with himself because he is

convinced of his human power, forgetting that there is a deity who is superior to him. Due to the

concept of freedom of thought, people have involved themselves in developing the constitution

POLITICAL SCIENCE 4

or amending the existing based solely on their wisdom. I concur with Maistre on this concept

because free thinking and acting are what has led to the development of the current constitution

and political structures. Maistre further illustrates this concept, referring to the law of England

which was developed without the consultation of civilians (Maistre, 1847). However, when the

constitution was presented to the people, it was accepted as the guiding principle of living among

the English.

Furthermore, the other concept in generating the constitution is acknowledging the

existence of a being far much superior to man. According to Maistre, the act of writing the law

itself is evidence of the presence of a powerful being (Maistre, 1847). He implies that a man

writes the constitution; he receives direction and guidelines from a deity who a priori introduced

the principles. Maistre’s point is that religion contributes to the civilization of nations. A belief in

a God who establishes fundamental principles of living is exercising faith. Hence, Maistre exalts

religion and states that the constitution will collapse if its policies are not grounded on religion.

The same concept applies to the educational system of every state; science alone is insufficient to

support the educational structures (Maistre, 1847).

Besides the belief in the existence of God whom the Christians revere, there is another

principle on how the Christian God ordained his laws. Maistre explains that God’s laws were

written not in a legislative form, but as narratives, exhortations, commands, and warnings.

Maistre further illustrates his point using the great commission given to the disciples of Jesus,

where we read, “Go, teach” (Matthew 28:19) and not “Teach this or that.” Maistre’s point,

therefore, is that the development of a constitution should follow the pattern of the supreme

author of the Christian faith, by avoiding legislative statements.

POLITICAL SCIENCE 5

Further analysis of the generative principles of the constitution reveals the futility of

written works in great institutions. For instance, Maistre argues that a written law can be

compared to an artistic work because they both require someone to defend their content if

attacked by critics. He further proceeds to term those who rely only on the written constitution to

establish a permanent law as “great fools” (Maistre, 1847). Therefore, Maistre establishes that

written law cannot be upheld as infallible and reliable because it is unable to interpret itself and

withstand attacks.

To further illustrate his point, Maistre cautions against fallacious arguments which people

sometimes uphold. He criticizes those who believe in the infallibility of the Scripture as the only

source of their faith. Maistre’s critique is that Scripture cannot defend itself when criticized. Its

author and the instructor can never appear in person to explain the precepts in the Scripture

because it is a “silent word.” The concept of absolute belief in the written word also applies to

the written constitution which some people uphold as the only rule for governance. Maistre’s

generative principle of the constitution is that fallacy and fanaticism should be avoided when

dealing with the development of the law (Maistre, 1847).

Conclusion

In conclusion, Maistre has provided an in-depth analysis of the generative principles of

the constitution. Many people have erred in viewing the constitution as the supreme infallible

law, yet people have developed the same law. The worst scenario that Maistre criticizes is an

amendment of constitution resulting from the selfish interest of individuals. Some people still

respect the law as the most accurate and reliable document. In a nutshell, Maistre’s point is that

human beings should allow their conscience to guide them instead of relying entirely on the

written constitution. The fundamental law which is divine should govern human coexistence.

POLITICAL SCIENCE 6

References

Maistre, J. M. (1847). Essay on the Generative Principle of Political Constitutions. Scholars

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