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Legitimacy and Usurpation in the Thought of Edmund Burke

Published online by Cambridge University Press:  11 July 2014

Frederick A. Dreyer
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Extract

In matters of public controversy the eighteenth-century Englishman displayed a cast of mind that was legalistic and unpragmatic. The first question he tended to ask was not what the benefits of a policy might be but whether anyone possessed the right to implement it. Public debate was legitimist in emphasis. There were few disputes where the issue of jurisdiction was ignored; very often jurisdiction was the only issue in contention. The great example of this is to be found in the debate over American taxation. The question was not whether the taxes had been voted for some improper purpose or whether the colonies could afford to pay. The argument turned on the issue of authority: did Parliament have the right to tax the colonies for any purpose whatever regardless of their ability to pay? The same emphasis on jurisdiction is to be found in the debate over the Royal Marriages Act of 1772. This act restricted the right of members of the royal family to marry whom they pleased. Opponents of the act condemned it not in terms of policy but in terms of right and jurisdiction. It was “repugnant to the natural rights of mankind.” It was “null and invalid.” Parliament possessed no authority to legislate such a measure, and it could be submitted to “only as the effect of power.” This eighteenth-century pre-occupation with legitimacy is evident even in the writings of its most radical and eccentric thinkers. Thomas Paine's chief complaint against the ancien régime in England was not that it governed badly but that it governed without legitimate authority. Whether it governed well or ill, it remained by Paine's standards an usurpation. Paine's zeal for democratic legitimacy may have been peculiar, but his method of debate was not.

Type
Research Article
Information
Albion , Volume 12 , Issue 3 , Fall 1980 , pp. 257 - 267
Copyright
Copyright © North American Conference on British Studies 1980

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References

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