Metaphor comparing a polity to a body
The
body politic
is a
polity
?such as a
city
,
realm
, or
state
?considered
metaphorically
as a physical body. Historically, the
sovereign
is typically portrayed as the body's head, and the analogy may also be extended to other anatomical parts, as in political readings of
Aesop
's fable of "
The Belly and the Members
". The image originates in
ancient Greek philosophy
, beginning in the 6th century BC, and was later extended in
Roman philosophy
. Following the
high
and
late medieval
revival of the Byzantine
Corpus Juris Civilis
in Latin Europe, the "body politic" took on a
jurisprudential
significance by being identified with the legal theory of the
corporation
, gaining salience in political thought from the 13th century on. In
English law
the image of the body politic developed into the theory of the king's two bodies and
the Crown
as
corporation sole
.
The metaphor was elaborated further from the
Renaissance
onwards, as medical knowledge based on
Galen
was challenged by thinkers such as
William Harvey
. Analogies were drawn between supposed causes of disease and disorder and their equivalents in the political field, viewed as
plagues
or infections that might be remedied with
purges
and
nostrums
.
[2]
The 17th century writings of
Thomas Hobbes
developed the image of the body politic into a modern theory of the state as an artificial person. Parallel terms deriving from the Latin
corpus politicum
exist in other European languages.
Etymology
[
edit
]
The term
body politic
derives from
Medieval Latin
corpus politicum
, which itself developed from
corpus mysticum
, originally designating the
Catholic Church
as the
mystical body of Christ
but extended to politics from the 11th century on in the form
corpus reipublicae
(
mysticum
), "(mystical) body of the commonwealth".
[3]
[4]
Parallel terms exist in other European languages, such as Italian
corpo politico
, Polish
ciało polityczne
, and German
Staatskorper
("state body").
[3]
An equivalent early modern French term is
corps-etat
;
[5]
contemporary French uses
corps politique
.
[3]
History
[
edit
]
Classical philosophy
[
edit
]
The Western concept of the "body politic", originally meaning a human
society
considered as a collective body, originated in classical
Greek
and
Roman philosophy
.
[6]
The general metaphor emerged in the 6th century BC, with the Athenian statesman
Solon
and the poet
Theognis
describing cities (
poleis
) in biological terms as "pregnant" or "wounded".
[7]
Plato
's
Republic
provided one of its most influential formulations.
[8]
The term itself, however?in
Ancient Greek
,
τ?? π?λεω? σ?μα
,
t?s pole?s s?ma
, "the body of the state"?appears as such for the first time in the late 4th century Athenian orators
Dinarch
and
Hypereides
at the beginning of the
Hellenistic era
.
[9]
In these early formulations, the
anatomical
detail of the body politic was relatively limited: Greek thinkers typically confined themselves to distinguishing the ruler as head of the body, and comparing political
stasis
, that is, crises of the state, to biological disease.
[10]
The image of the body politic occupied a central place in the political thought of the
Roman Republic
, and the Romans were the first to develop the anatomy of the "body" in full detail, endowing it with nerves, "blood, breath, limbs, and organs".
[11]
In its origins, the concept was particularly connected to a politicised version of
Aesop
's fable of "
The Belly and the Members
", told in relation to the
first
secessio plebis
, the temporary departure of the
plebeian order
from Rome in 495?93 BC.
[12]
[13]
On the account of the Roman historian
Livy
, a
senator
explained the situation to the plebeians by a metaphor: the various members of the Roman body had become angry that the "stomach", the
patricians
, consumed their labours while providing nothing in return. However, upon their secession, they became feeble and realised that the stomach's digestion had provided them vital energy. Convinced by this story, the plebeians returned to Rome, and the Roman body was made whole and functional. This legend formed a paradigm for "nearly all surviving republican discourse of the body politic".
[12]
Late republican orators developed the image further, comparing attacks on Roman institutions to mutilations of the republic's body. During the
First Triumvirate
in 59 BC,
Cicero
described the Roman state as "dying of a new sort of disease".
[14]
Lucan
's
Pharsalia
, written in the
early imperial era
in the 60s AD, abounded in this kind of imagery. Depicting the
dictator
Sulla
as a surgeon out of control who had butchered the Roman body politic in the process of cutting out its putrefied limbs, Lucan used vivid organic language to portray the decline of the Roman Republic as a literal process of decay, its seas and rivers becoming choked with blood and gore.
[15]
Medieval usage
[
edit
]
The metaphor of the body politic remained in use after the
fall of the Western Roman Empire
.
[8]
The
Neoplatonist
Islamic philosopher
al-Farabi
, known in the West as Alpharabius, discussed the image in his work
The Perfect State
(c. 940), stating, "The excellent city resembles the perfect and healthy body, all of whose limbs cooperate to make the life of the animal perfect".
[16]
John of Salisbury
gave it a definitive Latin
high medieval
form in his
Policraticus
around 1159: the king was the body's head; the priest was the soul; the councillors were the heart; the eyes, ears, and tongue were the magistrates of the law; one hand, the army, held a weapon; the other, without a weapon, was the realm's justice. The body's feet were the common people. Each member of the body had its
vocation
, and each was beholden to work in harmony for the benefit of the whole body.
[17]
In the
Late Middle Ages
, the concept of the
corporation
, a
legal person
made up of a group of real individuals, gave the idea of a body politic judicial significance.
[18]
The corporation had emerged in imperial
Roman law
under the name
universitas
, and a formulation of the concept attributed to
Ulpian
was collected in the 6th century
Digest
of
Justinian I
during the early
Byzantine era
.
[19]
The
Digest
, along with the other parts of Justinian's
Corpus Juris Civilis
, became the bedrock of
medieval civil law
upon its recovery and annotation by the
glossators
beginning in the 11th century.
[20]
It remained for the glossators' 13th century successors, the
commentators
?especially
Baldus de Ubaldis
?to develop the idea of the corporation as a
persona ficta
, a fictive person, and apply the concept to human societies as a whole.
[18]
Where his jurist predecessor
Bartolus of Saxoferrato
conceived the corporation in essentially legal terms, Baldus expressly connected the corporation theory to the ancient, biological and political concept of the body politic. For Baldus, not only was man, in
Aristotelian
terms, a "political animal", but the whole
populus
, the body of the people, formed a type of political animal in itself: a
populus
"has government as part of [its] existence, just as every animal is ruled by its own spirit and soul".
[21]
Baldus equated the body politic with the
respublica
, the state or realm, stating that it "cannot die, and for this reason it is said that it has no heir, because it always lives on in itself".
[22]
From here, the image of the body politic became prominent in the medieval imagination. In Canto XVIII of his
Paradiso
, for instance,
Dante
, writing in the early 14th century, presents the Roman Empire as a corporate body in the form of an imperial eagle, its body made of souls.
[23]
The French court writer
Christine de Pizan
discussed the concept at length in her
Book of the Body Politic
(1407).
[24]
The idea of the body politic, rendered in legal terms through corporation theory, also drew natural comparison to the
theological
concept of the church as a
corpus mysticum
, the
mystical body of Christ
. The concept of the people as a
corpus mysticum
also featured in Baldus,
[25]
and the idea that the
realm of France
was a
corpus mysticum
formed an important part of late medieval French jurisprudence.
Jean de Terrevermeille
[
fr
]
, around 1418?19, described the French laws of succession as established by the "whole civic or mystical body of the realm", and the
Parlement of Paris
in 1489 proclaimed itself a "mystical body" composed of both ecclesiastics and laymen, representing the "body of the king".
[26]
From at least the 14th century, the doctrine developed that the French kings were mystically married to the body politic; at the coronation of
Henry II
in 1547, he was said to have "solemnly married his realm".
[27]
The English jurist
John Fortescue
also invoked the "mystical body" in his
De Laudibus Legum Angliae
(c. 1470): just as a physical body is "held together by the nerves", the mystical body of the realm is held together by the law, and
Just as the physical body grows out of the embryo, regulated by one head, so does there issue from the people the kingdom, which exists as a
corpus mysticum
governed by one man as head.
[28]
The king's body politic
[
edit
]
In England
[
edit
]
In
Tudor
and
Stuart England
, the concept of the body politic was given a peculiar additional significance through the idea of the
king's two bodies
, the doctrine discussed by the German-American medievalist
Ernst Kantorowicz
in his
eponymous work
. This legal doctrine held that the monarch had two bodies: the physical "king body natural" and the immortal "King body politic". Upon the "demise" of an individual king, his body natural fell away, but the body politic lived on.
[29]
This was an indigenous development of
English law
without a precise equivalent in the rest of Europe.
[30]
Extending the identification of the body politic as a corporation, English jurists argued that
the Crown
was a "
corporation sole
": a corporation made up of one body politic that was at the same time the body of the realm and its parliamentary estates, and also the body of the royal dignity itself?two concepts of the body politic that were conflated and fused.
[31]
The development of the doctrine of the king's two bodies can be traced in the
Reports
of
Edmund Plowden
. In the 1561
Case of the Duchy of Lancaster
, which concerned whether an earlier gift of land made by
Edward VI
could be voided on account of his "nonage", that is, his immaturity, the judges held that it could not: the king's "Body politic, which is annexed to his Body natural, takes away the Imbecility of his Body natural".
[32]
The king's body politic, then, "that cannot be seen or handled", annexes the body natural and "wipes away" all its defects.
[33]
What was more, the body politic rendered the king immortal as an individual: as the judges in the case
Hill v. Grange
argued in 1556, once the king had made an act, "he as King never dies, but the King, in which Name it has Relation to him, does ever continue"?thus, they held,
Henry VIII
was still "alive", a decade after his physical death.
[29]
The doctrine of the two bodies could serve to limit the powers of the real king. When
Edward Coke
,
Chief Justice of the Common Pleas
at the time, reported the way in which judges had differentiated the bodies in 1608, he noted that it was the "natural body" of the king that was created by God?the "politic body", by contrast, was "framed by the policy of man".
[34]
In the
Case of Prohibitions
of the same year, Coke denied the king "in his own person" any right to administer justice or order arrests.
[35]
Finally, in its declaration of 27 May 1642 shortly before the start of the
English Civil War
,
Parliament
drew on the theory to invoke the powers of the body politic of
Charles I
against his body natural,
[36]
stating:
What they [Parliament] do herein, hath the Stamp of Royal Authority, although His Majesty seduced by evil Counsel, do in His own Person, oppose, or interrupt the same. For the King's Supreme Power, and Royal Pleasure, is exercised and declared in this High Court of Law, and Council, after a more eminent and obligatory manner, than it can be by any personal Act or Resolution of His Own.
[37]
The 18th century jurist
William Blackstone
, in Book I of his
Commentaries on the Laws of England
(1765), summarised the doctrine of the king's body politic as it subsequently developed after the
Restoration
: the king "in his political capacity" manifests "absolute
perfection
"; he can "do no wrong", nor even is he capable of "
thinking
wrong"; he can have no defect, and is never in law "a minor or under age". Indeed, Blackstone says, if an heir to the throne should accede while "attainted of treason or felony", his assumption of the crown "would purge the attainder
ipso facto
". The king manifests "absolute immortality": "Henry, Edward, or George may die; but the king survives them all".
[38]
Soon after the appearance of the
Commentaries
, however,
Jeremy Bentham
mounted an extensive attack on Blackstone which the historian
Quentin Skinner
describes as "almost lethal" to the theory: legal fictions like the body politic, Bentham argued, were conducive to
royal absolutism
and should be entirely avoided in law. Bentham's position dominated later British legal thinking, and though aspects of the theory of the body politic would survive in subsequent jurisprudence, the idea of the Crown as a corporation sole was widely critiqued.
[39]
In the late 19th century,
Frederic William Maitland
revived the legal discourse of the king's two bodies, arguing that the concept of the Crown as corporation sole had originated from the amalgamation of
medieval civil law
with the law of church property.
[40]
He proposed, in contrast, to view the Crown as an ordinary corporation aggregate, that is, a corporation of many people, with a view to describing the legal personhood of the state.
[41]
In France
[
edit
]
A related but contrasting concept in France was the doctrine termed by Sarah Hanley the king's
one
body, summarised by
Jean Bodin
in his own 1576 pronouncement that "the king never dies".
[42]
Rather than distinguishing the immortal body politic from the mortal body natural of the king, as in the English theory, the French doctrine conflated the two, arguing that the
Salic law
had established a single king body politic and natural that constantly regenerated through the biological reproduction of the royal line.
[43]
The body politic, on this account, was biological and necessarily male, and 15th century French jurists such as
Jean Juvenal des Ursins
argued on this basis for the exclusion of female heirs to the crown?since, they argued, the king of France was a "virile office".
[44]
In the
ancien regime
, the king's heir was held to assimilate the body politic of the old king in a physical "transfer of corporeality" upon his accession.
[45]
In the United States
[
edit
]
James I
in the
second charter
for Virginia, as well as both the
Plymouth
and
Massachusetts Charter
, grant body politic.
[46]
[47]
[48]
Hobbesian state theory
[
edit
]
Aside from the doctrine of the king's two bodies, the conventional image of the whole of the realm as a body politic had also remained in use in Stuart England:
James I
compared the office of the king to "the office of the head towards the body".
[49]
Upon the outbreak of the English Civil War in 1642, however, parliamentarians such as
William Bridge
put forward the argument that the "ruling power" belonged originally to "the whole people or body politicke", who could revoke it from the monarch.
[50]
The
execution of Charles I
in 1649 made necessary a radical revision of the whole concept.
[51]
In 1651,
Thomas Hobbes
's
Leviathan
made a decisive contribution to this effect, reviving the concept while endowing it with new features. Against the parliamentarians, Hobbes maintained that sovereignty was absolute and the head could certainly not be "of lesse power" than the body of the people; against the royal absolutists, however, he developed the idea of a
social contract
, emphasising that the body politic?Leviathan, the "mortal god"?was fictional and artificial rather than natural, derived from an original decision by the people to constitute a sovereign.
[52]
[53]
Hobbes's theory of the body politic exercised an important influence on subsequent political thinkers, who both repeated and modified it. Republican partisans of the
Commonwealth
presented alternative figurations of the metaphor in defence of the parliamentarian model.
James Harrington
, in his 1656
Commonwealth of Oceana
, argued that "the delivery of a Model Government ... is no less than political Anatomy"; it must "imbrace all those Muscles, Nerves, Arterys and Bones, which are necessary to any Function of a well order'd Commonwealth". Invoking
William Harvey
's recent discovery of the
circulatory system
, Harrington presented the body politic as a dynamic system of political circulation, comparing his ideal
bicameral legislature
, for example, to the
ventricles
of the human heart. In contrast to Hobbes, the "head" was once more dependent on the people: the
execution of the law
must follow the law itself, so that "
Leviathan
may see, that the hand or sword that executeth the Law is
in
it, and
not above
it".
[54]
In Germany,
Samuel von Pufendorf
recapitulated Hobbes's explanation of the origin of the state as a social contract, but extended his notion of personhood to argue that the state must be a specifically moral person with a rational nature, and not simply coercive power.
[55]
In the 18th century, Hobbes's theory of the state as an artificial body politic gained wide acceptance both in Britain and continental Europe.
[56]
Thomas Pownall
, later the
British governor of Massachusetts
and a proponent of American liberty, drew on Hobbes's theory in his 1752
Principles of Polity
to argue that "the whole Body politic" should be conceived as "one Person"; states were "distinct
Persons
and independent".
[57]
At around the same time, the Swiss jurist
Emer de Vattel
pronounced that "states are bodies politic", "moral persons" with their own "understanding and ... will", a statement that would become accepted
international law
.
[58]
The tension between organic understandings of the body politic and theories emphasizing its artificial character formed a theme in English political debates in this period. Writing in 1780, during the
American Revolutionary War
, the British reformist
John Cartwright
emphasised the artificial and immortal character of the body politic in order to refute the use of biological analogies in conservative rhetoric. Arguing that it was better conceived as a
machine
operating by the "due action and re-action of the ... springs of the constitution" than a human body, he termed "the
body
politic" a "careless figurative expression": "It is not corporeal ... not formed from the dust of the earth. It is purely intellectual; and its life-spring is truth."
[59]
Modern law
[
edit
]
The English term "body politic" is sometimes used in modern legal contexts to describe a type of
legal person
, typically the state itself or an entity connected to it. A body politic is a type of taxable legal person in
British law
, for example,
[60]
and likewise a class of legal person in
Indian law
.
[61]
[62]
In the
United States
, a
municipal corporation
is considered a body politic, as opposed to a private body corporate.
[63]
The
U.S. Supreme Court
affirmed the theory of the state as an artificial body politic in the 1851 case
Cotton v. United States
, declaring that "every sovereign State is of necessity a body politic, or artificial person, and as such capable of making contracts and holding property, both real and personal", and differentiated the United States' powers as a sovereign from its rights as a body politic.
[64]
See also
[
edit
]
References
[
edit
]
- ^
Kenneth Olwig
(2002),
Landscape, nature, and the body politic
, University of Wisconsin Press, p. 87,
ISBN
978-0-299-17424-8
,
The frontispiece to Thomas Hobbes's Leviathan ... is a particularly famous example of the depiction of the body politic ...
- ^
Jonathan Harris (1998),
Foreign bodies and the body politic: discourses of social pathology in early modern England
, Cambridge University Press,
ISBN
978-0-521-59405-9
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a
b
c
Musolff, Andreas (2017). "Metaphor and Cultural Cognition". In Sharifian, Farzad (ed.).
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ISBN
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- ^
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- ^
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- ^
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- ^
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- ^
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, p. 136.
- ^
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, p. 140.
- ^
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- ^
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Cotton v. United States
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