Yet, Madame de Staël was far from being an unconditional admirer of the Constituent Assembly. In fact, she criticizes it for having displayed an excessive distrust of executive power that eventually triggered insuperable tensions between the King and the representatives of the nation. The Constituent Assembly wrongly considered the executive power as an enemy of liberty rather than as one of its safeguards. The Assembly proceeded to draft the constitution as a treaty between two opposed parties rather than as a compromise between the country’s various social and political interests. It “formed a constitution as a general would form a plan of attack,”18 making a harmonious balance of powers impossible and preventing the import onto French soil of bicameralism. The unfortunate choice of a single chamber was incompatible with the existence of effective checks and balances capable of limiting the growing power of the representatives of the French nation.
Staël’s Considerations also vindicates, albeit in a moderate tone, the principles of 1789 that sought to improve the system of national representation and the right of the Third Estate to full political representation. The boldest claim of this part of the book is that France lacked a true constitution and the rule of law during the Old Regime. The parlements19 were never able to limit the royal authority, which had retained the legal right to impose a lit de justice.20 Moreover, the Estates General were convened only eighteen times in almost five centuries (1302–1789) and did not meet at all between 1614 and 1789. Although the parlements could (and occasionally did) invoke the “fundamental laws of the state” and asserted their right to “register” the laws after they had been “verified,” it was not possible to speak of the existence of a genuine constitution in the proper sense of the word. “France,” Madame de Staël wrote, “has been governed by custom, often by caprice, and never by law. . . . the course of circumstances alone was decisive of what everyone called his right.”21
Staël did not hesitate to list a long series of royal abuses, including arbitrary imprisonments, ordinances, banishments, special commissions, and lits de justice that infringed upon the rights of ordinary citizens and were passed against their will. In her view, the history of France was replete with many attempts on the part of the nation and the nobles to obtain rights and privileges, while the kings aimed at enlarging their prerogatives and consolidating their absolute power. “Who can deny,” Madame de Staël concludes in this important chapter (part I, xi), “that a change was necessary, either to give a free course to a constitution hitherto perpetually infringed; or to introduce those guarantees which might give the laws of the state the means of being maintained and obeyed?”22 On this view, the Revolution of 1789 appeared justified insofar as it sought to put an end to a long reign based on arbitrary power and obsolete and costly privileges.
In other chapters from parts II and III, Staël criticizes the blindness and arrogance of many political actors whose actions and ideas paved the way for the Terror of 1793–95. She also denounces the institutionalization of fear fueled by the perverse passion for equality displayed by the French. “True faith in some abstract ideas,” she argues, “feeds political fanaticism”23 and can be cured only by the sovereignty of law. Her conclusion is remarkable for both its simplicity and its accuracy: liberty alone can effectively cure political fanaticism, and the remedy for popular passion lies above all in the rule of law. The institution that alone can bring forth ordered liberty is representative government; it is the only remedy through which “the torches of the furies can be extinguished” and that can adequately promote limited power, a proper balance of powers in the state as well as the right of people to consent to taxes, and their ordered participation in legislative acts.
Part IV examines the Directory and the rise of Napoléon Bonaparte. Madame de Staël draws an unflattering (and somewhat biased) portrait of the future emperor by emphasizing not only his unbounded egotism and intoxication with power but also his lack of emotion combined with an unsettling air of vulgarity and political shrewdness. Staël pays special attention to analyzing Napoléon’s rise to power in the aftermath of the Terror, believing that he was not only a talented man but also one who represented a whole pernicious system of power. She claimed that this system ought to be examined as a great political problem relevant to many generations. As she memorably puts it, no emotion of the heart could move Napoléon, who regarded his fellow citizens as mere things and means rather than equals worthy of respect. He was “neither good, nor violent, nor gentle, nor cruel. . . . Such a being had no fellow, and therefore could neither feel nor excite sympathy. . . .”24 Intoxicated with the “vile draught of Machiavellianism” and resembling in many respects the Italian tyrants of the fourteenth and fifteenth centuries, Napoléon managed to enslave the French nation by shrewdly using three means. He sought to satisfy men’s interests at the expense of their virtues, he disregarded public opinion, and he gave the French nation war for an object instead of liberty.25 Through these means he managed to dazzle the masses and corrupt individuals by acting upon their imagination and captivating them with a false sense of greatness.
These chapters convincingly illustrate Staël’s hatred of absolute power and shed light on her staunch opposition to the Emperor, for whom she held a deep aversion.26 Anticipating a common topos of Restoration liberal thought, she notes that Napoléon’s absolute power had been made possible by the leveling and atomization of society, and she explains his fall from power by pointing out the influence of public opinion and the inevitable limits of that power. In the end, Madame de Staël argues, Napoléon left a nefarious legacy that strengthened the coercive force of centralization and fueled the atomization of society. The system of egoism, oppression, and corruption he founded derailed the normal political development of the country and wasted countless resources. Being a man who could act naturally only when he commanded others, Napoléon degraded the French nation, which he used to advance his own political ambitions and plans. In Ten Years of Exile, Madame de Staël wrote that since Napoléon’s character was “at war with the rest of creation,” he ought to be compared to “the Greek flame, which no force of nature could extinguish.”27
Parts V and VI of the book contain a vigorous defense of representative government in France and offer a detailed examination of the English political system, culminating in moving praise of political liberty and limited power. The political agenda of Considerations is illustrated by chapters xi and xii of part V, in which Madame de Staël examines the system that the Bourbons and the friends of liberty ought to have followed in 1814. Worth noting here is Madame de Staël’s passionate defense of decentralization and self-government as two effective means of combating Napoléon’s legacy of centralized despotism. Opposing those who believed that the French were not made for liberty, Staël points to the rising force of public opinion and warns that every effort to sail against the new democratic torrent will be futile in the long term. After reminding her readers that hypocrisy in the pursuit of liberty is more