Conceptions of the Private in Hermann Conring’s “Observations” on Machiavelli’s The Prince

The present post is based on the paper I shall present at the Renaissance Society of America (RSA) for its annual conference. This will be held virtually. This paper focuses on Hermann Conring’s translation of Machiavelli’s Il Principe(The Prince) from Italian into Latin and most importantly on Conring’s observations on Machiavelli. Hermann Conring published his translation of Machiavelli in 1660, and the year after he published his observations.

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Conring did not leave a book that summed up his whole political thought, so one needs to look at his political views in several of his works.(Lang, 2) Several major works are worth mentioning for an overview of Conring’s political and legal thought. In 1644, Conring published De Germanorum imperio Romano liber unus or One Book on the Roman Empire of the Germans. It is a historical and legal analysis of the relationship between the Roman Empire and the Holy Roman Empire arguing that the Roman Empire had either ceased to exist or been reduced to a shadow of its former self and the German Empire had risen in its place. In the same vein, another important work, which earned Conring the epithet of “founder of German legal history” is De origine iuris Germanici (Helmstedt, 1643) On the Origins of German Law, and De finibus imperii Germanici On the Boundaries of the German Empire (1654).

More specifically on political thought, in 1650 Conring published Theses Miscellaneae de civili prudentia, (Miscellaneous theses on civil prudence), which is his major work in political thought.https://external-content.duckduckgo.com/iu/?u=https%3A%2F%2Fwww.uni-muenster.de%2Fimperia%2Fmd%2Fimages%2Freligion_und_politik%2Fkleinefaecher%2Ffittosize_1024_536_bc0e90aa26afd84523b2059a0a27d99d_m13_1_reiseanleitungen.jpeg&f=1&nofb=1

Concerning Conring’s views on Machiavelli, one could also find many references to him in Dissertatio de Ratione Status (or Dissertation on the Reason of State) (1651). This essay, as Stolleis argues, is Conring’s even though it is signed Heinrich Voss who was his student.(Stolleis, 74). As a matter of fact, at the time, dissertations defended by students merely reproduced the content of the professor’s lectures. In De ratione status, Conring investigates what a “good government” ought to do with respect to the law, the government, and the citizens. Following the Aristotelian tradition, the law, for Conring, must be suitable to the form and necessity of the state.

Private

Searching for priv words in Conring’s Animadversiones, I have found 28 occurences, which are all a form of the adjective privatus, -a, -um, except one from the adverb privatim. In this special occurrence of privatim, Conring opposes it to populo, the people. The whole sentence is a comment to Machiavelli writing in chapter 2 on ”hereditary principalities” that those are easier to hold than new ones because people are accostumed to the rule of the ruler. Suffice that the ruler does not change the established order and is more than ordinarily diligent and competent and he can conserve the principality. Unless some unusually strong force should remove him. Conring criticises Machiavelli. For Conring, no one can foresee political affairs. No matter how careful one is, there is no easy way to conserve one’s state (status). Conring notes that experience of world affairs teaches that even ancient principalities can be shaken by internal movements, and that the ruler, either because of hatred for him or weariness of the principality, can be removed “aut a toto populo, aut a nonnullis privatim” (either by the whole people or by some privately).[1]

This example shows an interesting opposition between “toto populo” and “nonnullis privatim”, “entire” against “some”, and “people” against “privately”. It is not certain if there is a value here, but since Conring is proponent of German political Aristotelianism, one can see a reference to his theory of constitutionnal change. Since Machiavelli is writing about principalities with one ruler, these are either, in Aristotelian terms, kingships or tyrannies, which can be overturned by some privately (aristocracy and oligarchy) or by the whole people (polity, democracy). As other scholars have shown, Conring’s translation and comments on Machivalli presents an interesting position at the time between Machiavellians and Anti-Machiavellians.[2] Conring knew that Machiavellianism had little to do with Machiavelli, and hence Anti-Machiavellism as well. Conring sought to rehabilitate Machiavelli within political science, therefore seeing him as an analyst of tyrannical policies and how they concretely help conquer and maintain power in a principality, in an Aristotelian framework of constitutionalism. As Dauber notes Conring thought that Machiavelli had exagerated the opposition between popular liberty and tyranny.[3]

Apart from this example, two main categories of use for priv-words stand out. First, Conring uses privatus in his observations or translation in relation to coming out of “private condition” or “private life” or “private fortune” or “private state” and entering, in opposition, a “dignity/office of ruler/prince” or “principality”. The second category concerns “private interests” as opposed to “public interest” or “common good” “commonwealth”.

Private condition, private fortune, private life

Machiavelli’s main theme in Il Principe (The Prince) is to analyse principles that make a ruler obtain and maintain the government of a “principality”. Machiavelli does not focus on republics but on principalities with a single ruler. Several times, Machiavelli writes about the theme of this ruler accessing this position from “private” condition. For instance, at the end of chapter VI, Machiavelli writes about Hiero of Syracuse who became prince from private: Machiavelli writes “di privato diventò principe”,[4] which Conring translates as “ex privato”.[5] By the same token, Machiavelli notes that in his “private life” (translated “in private vita”), he had so much “virtú” that people said of him (using a Latin quote from Justinius) that “the only thing he lacked to be a ruler was a kingdom”. There are other examples, in chapter VII, Machiavelli gives the example of several men who were granted principalities in Greece, “di privati principi” in the original Italian, translated by Conring: “principatus Transsylvaniae, Moldaviae, et Wallachiae: qui solent dari a Turca, quondam etiam a Polono, privatae conditionis hominibus” (1017) (Such today are the principalities of Transsylviania, Moldavia, and Wallachia: which are wont to be granted by the Turcs, hereafter likewise by the Poles, to men of private condition.) Or again the example of Francesco Sforza who became Duke of Milan out of “private condition” in chapter VII paragraph 3.

We can see already that Conring adds a little bit from the Italian “da private principi” the term “condition”. From Latin condicio, it means in general the external position, situation, condition, rank, place, circumstances.[6] It seems that “private condition” here means the position and rank in a certain way of thinking, in a hierarchy. Conring also adds to the term “prince” “dignity/office” and the idea of elevation from a “private condition”. Conring translates Machiavelli ch. 6, §2 ”di diventare di privato principe” as ”ex privata conditione ad Principis dignitatem pervenit”, ”for a private citizen to become ruler”[7]. One may notice that in his translation into Latin, Conring translates Machiavelli’s spirit, but adds a few words: “private condition” and “office/dignity of ruler/prince”. In his footnote, Conring comments further ”Maximas difficultates vero experitur principatus novus, hominis ex privata conditione evecti.”[8] “The largest difficulties in truth, are the new principalities of a man elevated out of private condition.”

Conring accentuates the difference between private condition and the office of ruler, and argues furthermore that, if Machiavelli is right to state that all new principalities are difficult to maintain, it is even more difficult for a new principality acquired by a man of private condition.

Perhaps this accentuation is in the “spirit” of Machiavelli’s work as interpreted by Conring. Machiavelli, does give an example of Agathocles, the Sicilian king of Syracuse who became ruler from private but also abject and lowest origins. Is it then simply social elevation? Or is there a meaning between the distinction of “private condition” and “dignity of prince” for COnring?

The Aristotelian distinction between a private and public condition of life gives certainly an answer: man, as a zoōn politikon, can only achieve his true potential by being an active polis-forming being. For Aristotle, ethics and politics are connected, in that every community must be for the common good. The right action is the one that allows good life.

I think that there is certainly a specific meaning for Conring in that the “dignity of prince” requires to rule public affairs, which obey to completely different rules. In a second footnote comments on Machiavelli’s ch. VII second paragraph regarding these men granted a principality, who are under the will and fortune of those who granted it to them, Conring notes that Machiavelli gives 4 reasons to be under the will of fortune of those who granted it. The second one is the interesting one for us here: “Secunda; quia illi, qui ex privata conditione ad principatus evehuntur, raro intelligunt artem regendi, non assueti scilicet regere, nec ad regnandum instituti.” (Secondly, because those who elevate from a private condition to Prince, seldom understand the art of government, no one dispute that they are neither accustomed to rule nor made for ruling.) One issue for a prince who came from private condition is thus that he rarely understands the “art of government”.

Conring also gives another example with Francesco Sforza, who became Duke of Milan “ex privato vitae statu” (out of a private state of life) thanks to fortune and military forces.[9] This time the issue is not the prince himself, but the prince’s sons, who turned degenerates because they refused the troubles and inconvenience of military service.

In his note about his translation of Machiavelli’s statement that virtue is needed for the principality, Conring observes that:

“Nihil est certius, quam non sola virtute aut industria humana parari pariter & teneri respublicas. Luculentissime autem id apparet circa novos quosque principatus; praesertim eos, qui parantur ab his, qui privata aut tenui admodum in re ante vixerunt.”[10]

[Nothing is more certain: that not only virtue or human industry/diligence prepare to acquire and hold commonwealths. This appears most splendidly regarding how new a principality is, especially the ones that are obtained by those, who have lived before to a great measure in private or inferior/unimportant affairs.]

In this passage, Conring clearly opposes respublica with res privata and adds a hierarchy with aut tenui. If the private wealth or private realm is inferior or unimportant, then the common wealth or public realm is superior or important. The footnote also corrects Machiavelli’s concept of virtú by preferring the concept of human industry.

Private interest, private property v. public good

Conring translates Machiavelli writing about ”le forze proprie di Lodovico”[11] (”Ludovico’s own troops”)[12] by ” Ludovici Sfortiae privatae vires” (Ludovico Sforzia’s private troops/military forces).[13] It is the same meaning, but one can note that the idea of property is attached to “private”, and the “private” in question may be in opposition to other types of military forces (common/public?). In any case, what is here private is owned by an individual and not shared with others, let alone the whole community.

In chapter 6 Machiavelli examines principalities acquired by one’s own arms and looks at new princes who were “innovators”, such as Moises, Cyrus, Theseus or Romulus. Conring comments that it is manifest that new princes make their laws obeyed through the arms. However, Conring adds that: “populum necessum est amore boni publici vehementer flagrare, quod infrequens admodum est, plaerisque hominibus ad privata commoda attentis” (it is necessary to inflame vehemently the people to the love of public goods, because it is excessively in small numbers, and the majority of men pay attention to private interests). Conring then adds further that people are not willing to observe the law solely because of the authority of the legislator.

The distinction between private and public with a certain value for the public good or common wealth against private interest comes out from some of Conring’s choice as translator. In chapter VII, Machiavelli writes about about Alessandro: “Vedeva oltre a questo l’arme di Italia, e quelle in spezie di chi si fussi potuto servire, essere nelle mani di coloro che dovevano temere la grandezza del papa…”.[14] (Apart from this problem, Alexander saw that the Italian military forces (and especially those that he could have used most easily) belonged to those who had every reason to fear any increase of the pope’s power…).[15] Conring’s translation is: “Perspiciebat praeterea Italiae arma, et quae privatim suis commodis subservire poterant, in eorum manu esse, quibus papalis potentia formidabilis erat”.[16] Here the idea that Conring conveys is that the army in the hands of those who fear the pope’s grandezza (power or potentia) could serve Alexander’s “interest in private”. The idea is of private interests of a man to acquire a principality through external force.

The same appears a little later in the same chapter when translating Machiavelli’s passage about pope Julius, who captured Bologna to destroy the power of Venice and expel the French from Italy. “it was very much to his credit that he did everything in order to increase the power of the Church, and not any individual.”[17] Machiavelli writes: “e tutte queste imprese gli riuscirno, e con tanta piú sua laude, quanto lui fece ogni cosa per accrescere la Chiesa e non alcuno privato”.[18] Conring translates as “ac majore cum laude ideo, quia non ad privatum quempiam, sed ad Rempublicam Pontificiam locupletandam, id totum curavit agendum”. It is interesting to note that it is private as private individual, but opposed to “Rempublicam” commonwealth or public good, even if it is the Church. The res publica of the Church did not appear in Machiavelli, but Conring emphasised it. Pope Julius acted for the common good of the Church and not for anyone’s private interest.

In Ch. XVII, Machiavelli disserts on “cruelty and mercifulness, and whether it is better to be loved than feared or the contrary”. Machiavelli writes that “My view is that it is desirable to be both loved and feared; but it is difficult to achieve both and, if one of them has to be lacking, it is much safer to be feared than loved.”[19] Notes by Conring on ch. XVII of Machiavelli: “Non adeo difficile est, si severe animadvertas in illa tantum crimina, quae rempublicam et civium tranquillitatem honestatemque turbant; in reliquis autem mitiorem te praebeas. Ita sane ipsa simul severitate amorem tibi conciliabis: quoniam omnes sentiunt ab illa severitate sibi et publico bene esse, nihil autem dari privatae vindictae.” (It is not exactly difficult if you severely punish only those crimes, which disturb the honor and the tranquillity of the commonwealth and the citizens, but supply milder ones to the rest. Thus, you will unite reasonably at the same time the love to you and to the severity: because all men perceive from these to be for themselves and the public good, but nothing given for private vengeance.)

Conring continues criticising Machiavelli for being wrong in opposing the two, being hated or being loved. He quotes another passage by Machiavelli himself where that being feared and not being hated can be connected. Conring notes then that “not being hated” is the civil equivalent of being loved, and therefore the two are possible, especially so since the one who is not feared is held in contempt, and who is held in contempt is not really loved.

What we can take from this passage is that, for Conring, the ruler can or even must be both feared and loved. This is done by executing harsh sentences but only in the interest of the commonwealth and the safety of the citizens. Because then they will understand it and therefore not revert to private vengeance. It is however difficult to understand Conring here, unless he exits the premisse that the discussion is focused on tyrants and their policies. What kind of idea of public good does the population of a tyranny have?

Learnings with regard to Conring’s political thought of the time

What can we make of this small study of priv-words in Conring’s comments on Machiavelli with regard to Conring’s political thought and the intellectual context of his time? It is important to understand the context of the reception of Machiavelli in seventeenth-century Germany. Machiavelli was linked to the introduction of the concept of “reason of state”, which had been debated in Italy (ragione di stato) and France (raison d’État). The first German discussion started with Arnold Clapmar’s De arcanis rerumpublicarum libri sex (1605) and contributed to three debates within discussions of politica : Staatsrecht based on Bodin’s sovereignty and Roman law; Tacitism; and political Aristotelianism.[20] Conring’s Animadversiones take place within this context. The identification of status with respublica emerged at the end of the seventeenth century; status meant “standing” as opposed to actio and mutatio and could refer to three things: 1) the power of the ruler; 2) the political system of the commonwealth; 3) the legal and social status of a person.[21]

https://external-content.duckduckgo.com/iu/?u=https%3A%2F%2Fcdn.philasearch.com%2FA09454%2FE00737%2F0073700012.jpg&f=1&nofb=1We can confirm Dreitzel’s argument that Conring disagrees with the idea of reason of state as conserving the power of the ruler. Rather COnring considers the reason of state to be the Aristotelian notion of good life of the citizens, or what the upholders of politica christiana thought was gute Policey.[22] Dreitzel notes: “Following the common interpretation of status as ‘standing’, and continuing both the Roman law and scholastic doctrines concerning governing and the duty of rulers, ‘reason of state’ doctrines had, from the beginning, serious implications for the discussions of the principles governing the conduct of subjects and ‘private’ individuals within society. This enlargement was reflected in Clapmar’s definition of arcana: every science, every ‘conditio in rebus humanis‘ had to have its own arcana; thus there were also ‘arcana privata, hoc est, intima consilia communis privataeque vitae in luce hominum feliciter et decore instituendae‘ [private mysteries, that is, the innermost counsels of communal and private life which ought to be instituted felicitously and decorously before the eyes of men], which differed from the secret arts of using power, preserving a dynasty, or commanding an army.”[23]

From Conring’s distinctions of private and public, one can see the idea of superior ”standing” of a ruler, due to the different and complex nature of politica. A private person may have mastered the ”private mysteries” of communal and private life, but superior qualities are required for handling the mysteries of power and the respublica. Moreover, the only reason for political action in the respublica should be a development of common wealth, not only by satisfying private citizens, but also by instauring a love for the common good. These are ideals opposed to a private interest of a tyrant as his reason of state.

[1] Hermann Conring, ‘Animadversiones Politicae in Librum Nicolai Machiavelli De Principe’, in Opera, vol. 2 (Aalen: Scientia Verlag, 1970), 997.

[2] Stolleis, ‘Machiavellismus und Staatsräson’; Rosanna Schito, ‘Alla ricerca della sovranità: osservazioni sul Machiavelli di Hermann Conring’, Giornale di storia costituzionale, no. 16 (II semestre 2008): 85–99.

[3] Noah Dauber, ‘Anti-Machiavellism as Constitutionalism: Hermann Conring’s Commentary on Machiavelli’s The Prince’, History of European Ideas 37, no. 2 (June 2011): 102–12, https://doi.org/10.1016/j.histeuroideas.2011.01.005.

[4] Niccolò Machiavelli, ‘Il Principe’, in Opere, ed. Corrado Vivanti, vol. 1 I Primi Scritti Politici, Biblioteca Della Pléiade (Torino: Einaudi – Gallimard, 1997), 133.

[5] Conring, ‘Animadversiones’, 1017.

[6] Charlton T. Lewis and Charles Short, A Latin Dictionary:  Founded on Andrews’ Edition of Freund’s Latin Dictionary, Rev., and enlarged. (Oxford: Clarendon Press, 1984).

[7] Niccolo Machiavelli, The Prince, ed. Quentin Skinner and Russell Price, 2nd Edition (Cambridge University Press, 2019), 19.

[8] Conring, ‘Animadversiones’, 1012.

[9] Conring, 1015.

[10] Conring, 1013.

[11] Machiavelli, ‘Il Principe’, 121.

[12] Machiavelli, The Prince, 7.

[13] Conring, ‘Animadversiones’, 999.

[14] Machiavelli, ‘Il Principe’, 135.

[15] Machiavelli, The Prince, 24.

[16] Conring, ‘Animadversiones’, 1019.

[17] Machiavelli, The Prince, 41.

[18] Machiavelli, ‘Il Principe’, 149.

[19] Machiavelli, The Prince, 57.

[20] Horst Dreitzel, ‘Reason of State and the Crisis of Political Aristotelianism: An Essay on the Development of 17th Century Political Philosophy’, History of European Ideas 28, no. 3 (January 2002): 163–87.

[21] Dreitzel, 172.

[22] Dreitzel, 175.

[23] Dreitzel, 175–76.

Privacy and Knowledge: Fundamental Fields of Study for Twenty-first-Century Democracies

Photo by Anete Lusina from Pexels

Citizenship plays an essential part in a functioning modern democratic polity. The consolidation of mass democracy and the nation state, mass consumption and capitalism, as well as the development of rational knowledge are the main elements that built this modern polity. Part of the nation state’s function has been to develop a welfare state with the aim to make its citizens thrive. After all, to make citizens thrive was the old Aristotelian ideal of the polis, often translated as ‘city-state’, as the sole space for human beings, political animals, to achieve their potential. In order to build this social and political system, public institutions evolved into complex bureaucracies, which gathered more and more information about its citizens. Sociologists have referred to this as ‘information society’ or ‘knowledge society’.

The early modern period gave Europe the foundations of its modern vocabulary. Theologians, and legal and political thinkers established the basis for our modern concepts such as citizen, the state, law, freedom, the nation. The construction of the nation-state was the project of the nineteenth century, while the construction of the welfare state was the project of the twentieth century. Both projects have created a bureaucracy in charge of gathering information about citizens. This knowledge has also served as identity formation, political identity, which resulted in tremendous crises (world wars based on nationalism, and the use of national registers to identify specific groups of population). The twenty-first-century model is still under formation, but seems to be basing itself on the digital revolution; a cyber-Leviathan struggling to cap a multitude of fluid political identities.

The good functioning of a modern democratic polity has become increasingly complex in our ‘knowledge society’. New actors have challenged nation-states. Multiple actors (transnational groups, the internet, foreign countries, large multinational or global companies, NGOs, etc.) impact on the functioning of democratic nation-states. These alternative actors have sometimes surpassed governments and public authorities in gathering knowledge about their citizens and in using it. The USA engaged in mass surveillance post 9/11, sometimes with the complicity of local governments.[1] Private corporations have established an economic system called ‘surveillance capitalism’.[2] China has built ‘smart cities’ where citizens cannot cross the street without the party knowing it.[3]

That ‘knowledge is power’ is a well-known aphorism, commonly traced to Francis Bacon (1561—1626), from his 1597 Meditationes Sacrae: ‘ipsa scientia potestas est’ (‘knowledge itself is power’). Thomas Hobbes (1588—1679), who knew him, also wrote in his 1668 Latin edition of Leviathan ‘Scientia potentia est’, adding: ‘sed parva’; or in the original 1651 version ‘The Sciences, are small Powers…’[4] Hobbes’s point is that, since science cannot be contained in one person, it is a small power. Knowledge of everything, for Hobbes on the other hand, is real power, but only pertains to nature. What would Hobbes say today when governments and corporations have access to an unprecedented amount of personal information about individuals and have the ability to process and analyse all the data collected? ‘Scientia potentia est sed parva’?

Castells theorized the ‘information age’ as a competition between the self and networks driven by technology.[5] For Castells, social groups construct their identity, which shape the institutions of society. Who controls the means of constructing collective identities determines the content of these identities. Now, since the technological tools available determine social change, who controls this technology has tremendous power over society.

Today, the topic of privacy is therefore of paramount importance. Technology and economy have merged into a system of collection of data from individuals as a way of making a profit. This deep knowledge of individuals is not only selling new objects of consumption, but constituting political identities, disrupting elections, impacting freedom of thought by altering one’s access to unbiased information.[6] Have algorithms and artificial intelligence used by social media companies and governments to mine big data reached the status of all-knowing God? The individual still has free will against this powerful knowledge by protecting her privacy. A recent book argues simply that ‘privacy is power’.[7] If privacy is power and knowledge is power, research on the dynamic between knowledge and privacy is fundamental for democracy. Historical research should inscribe itself within this grand narrative of modernity as a construction of identities between the self and networks by powerful technologies. Or of postmodern deconstruction into small narratives, as Lyotard has it (more on this in a future post).[8]

Privacy studies as a field of research is still in its infancy despite a handbook.[9] What is missing is a richer historical perspective. The Centre for Privacy Studies at the University of Copenhagen is aiming at developing an interdisciplinary outlook on privacy and a method for privacy studies as a field. The history of privacy has been a developing topic of research for the past three decades. But it is more recently that the idea of privacy and the private/public nexus as threshold of contested power as a relevant tool for studying the past has emerged.[10] Privacy studies contribute to at the evolution of various understandings of privacy across time and space, and how they have been justified or limited in political ideologies.

The field of the history of knowledge can ironically be traced to Bacon again with his 1605 The Advancement of Learning, inspiring the taxonomy of knowledge in the French Encyclopédie.[11] It has had different names and objects of study over time.[12] The field is developing rapidly with a new Journal of the History of Knowledge created in 2020,[13] the Lund Centre for the History of Knowledge,[14] following the work of Peter Burke since the 1990s.[15] Knowledge studies should examine how political knowledge of citizens was created, limited, and disseminated throughout modernity.

Knowledge has always been considered partial and limited. It could be that it is limited to an elite or that it is deemed dangerous and concealed, or simply that it is not possible to gather enough information. Echoing Bacon, Foucault has established a fruitful conceptual tool with the nexus power/knowledge that mutually create and influence one another: ‘the exercise of power perpetually creates knowledge and conversely, knowledge constantly induces effects of power’.[16] He had previously studied Bentham’s panopticon for prisons, a device bereaving prisoners of privacy and enabling the collection of information on their private behaviours at will and at random so that they discipline themselves.[17] In this sense, there has also been privacy of political knowledge of citizens. What justifies on the one hand the limitations to citizens’ privacy to gather political knowledge, and what justifies the limitation of citizens’ knowledge to this?

[1] Elliot D. Cohen, Mass Surveillance and State Control: The Total Information Awareness Project (New York, NY: Palgrave Macmillan, 2010); Timothy H. Edgar, Beyond Snowden: Privacy, Mass Surveillance, and the Struggle to Reform the NSA (Washington, D.C: Brookings Institution Press, 2017).

[2] Shoshana Zuboff, The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power (New York, NY: Public Affairs, 2019).

[3] Kai Strittmatter, We Have Been Harmonised: Life in China’s Surveillance State (La Vergne: Old Street Publishing, 2019).

[4] Thomas Hobbes, Leviathan, ed. Richard Tuck, Revised student edition, Cambridge Texts in the History of Political Thought (Cambridge: Cambridge University Press, 1996), 63.

[5] Manuel Castells, The Information Age, Volumes 1-3: Economy, Society and Culture (Malden (Mass.); Oxford: Wiley-Blackwell, 1999).

[6] Ivan Manokha, ‘Surveillance: The DNA of Platform Capital—The Case of Cambridge Analytica Put into Perspective’, Theory & Event 21, no. 4 (2018): 891–913.

[7] Carissa Véliz, Privacy Is Power: Why and How You Should Take Back Control of Your Data (London: Bantam Press, 2020).

[8] Jean-François Lyotard, La condition postmoderne:  rapport sur le savoir, Collection critique. (Paris: Editions de Minuit, 1979).

[9] Bart van Der Sloot and Aviva de Groot, eds., The Handbook of Privacy Studies: An Interdisciplinary Introduction. (Amsterdam: Amsterdam University Press, 2018).

[10] Sarah E. Igo, The Known Citizen: A History of Privacy in Modern America (Cambridge, Massachusetts: Harvard University Press, 2018).

[11] Francis Bacon, The Two Bookes of the Proficience and Advancement of Learning Divine and Humane (London: Henrie Tomes, 1605).

[12] Peter Burke, What Is the History of Knowledge?, What Is History? (Oxford: Polity Press, 2015), chap. 1.

[13] https://journalhistoryknowledge.org.

[14] Johan Östling, David Larsson Heidenblad, and Anna Nilsson Hammar, ‘Developing the History of Knowledge’, in Forms of Knowledge: Developing the History of Knowledge (Lund: Nordic Academic Press, 2020), 9–26.

[15] Burke, What Is the History of Knowledge?

[16] Michel Foucault, Power/Knowledge:  Selected Interviews and Other Writings, 1972-1977 / (New York, N.Y: Pantheon Books, 1980), 52.

[17] Michel Foucault, Surveiller et Punir. Naissance de La Prison (Paris: Gallimard, 1975).

Arendt on privacy

In this post, I would like to summarise Hannah Arendt‘s views related to privacy. In her 1958 book The Human Condition, Arendt develops her understanding of the public realm and the private realm, and what characterises our modern condition, the rise of the social realm.

As the title of her book indicates, Arendt’s interest is the human condition, or what it means to be human. The human condition is not human nature, but what humans do—their activities—and making sense of our life-world. Arendt sums up human activities in the concept of vita activa, as opposed to vita contemplativa. As the Latin suggests, this is an ancient conception inherited from the Romans. They considered the vita contemplativa as superior because it was dedicated to contemplative matters, while vita activa was about providing necessities. Karl Marx famously inverted this hierarchy, making the vita contemplativa a mere superstructure and the vita activa the real matter of human life.

Arendt differentiates vita activa into three types of activities: labour, work, and action. Labour concerns the activities that support life; it is about providing sustenance. Work is the activity of producing unnatural artefacts. Our interdependent activity is what Arendt calls “action”; they are interactions with other people that require initiative and not simply routine behaviour.

Labour is not distinctively human since animals also share this part with us. Work and action make us human, but only action requires the presence of a society of others in order to exist. Action takes place in the public realm and not the private realm, because the public realm is the only where there is freedom.

Arendt is hopeful about the possibility of action in the public realm, and the most important of all actions being thought. When there is political freedom, there is the possibility of thought. And when there is thought, there is political freedom. Thought is done by being by oneself, in solitude or in a private community, but it is expressed to others, in the public realm. Arendt seems to reserve this activity to scientists, and certainly not to statesmen who have as little freedom as people from the street, in their ability to act.

The public and the private realms

For ancient Greeks, freedom only existed in the public realm, insofar as only in the public realm there was an expression of the political and the possibility of equality. The realm of the public is the space of appearance, this is where one sees and is seen. It has a performative value. Through action, people distinguish themselves, by deeds or by words. So, the public space was where there was a space of freedom, and not the private space.

For Arendt, modernity is constituted by the rise of the social realm, which changes this separation between an unfree private realm and a free public realm. On the one hand it sent speech to the private realm, and, on the other, it introduced labour to the public realm. Modernity has so much modified our understanding of the private and the public that we no longer agree with ancient Greeks that privacy is idiotic since only a public political life is worth living, nor do we agree with ancient Romans that privacy is a temporary privation, a retreat from public life. In short, classical Greek and Roman thought considered the public realm, the polis or civitas the only place where man would be free. (Arendt, 38) Privacy is no longer thought of as a deprivation of the highest human capacity and “modern privacy” becomes a necessary shelter for the intimate.

Arendt names Rousseau in particular as the intellectual figure behind privacy as a retreat from social pressures, both of the household and of society at large. Society excludes the possibility of action because it requires a certain behaviour from its members. Behaviour has replaced action in the social realm because society requires conformism. Statistically, the more people there are, the less likely it is that some will deviate the social norm. Uniform behaviour “lends itself to statistical determination, and therefore to statistically correct prediction”, what liberal economists called then the “invisible hand” guiding self-interests towards a single common interest (Arendt, 43-44). “A complete victory of society will always produce some sort of ‘communistic fiction,’ whose outstanding political characteristic is that it is indeed ruled by an ‘invisible hand,’ namely, by nobody.” (44-45)

Action is characterised by two fundamental aspects: plurality and unpredictability. Plurality entails that men are equal, but also distinct.

Private realm: property

It is with respect to the public that the term “private” takes its significance. Originally it has a privative sense: to live privately means to be deprived of the essential things for a truly human life. One is deprived of the possibility to achieve something more permanent than life by being deprived of an ‘objective’ relationship with others that relate and separates through a common world. Privacy is a privation of others. For the others, private man does not exist since he does not appear. (58)

In modernity, this deprivation of “objective” relation to others has led to the mass phenomenon of loneliness. The reason for this is that mass society destroys not only the public realm but the private as well. It deprives men of their private home

The social and the private

The rise of the social coincided with the transformation of the private care for private property into a public concern. Society, when it first entered the public realm, was an organisation of property-owners who claimed the protection of their private property from the public. In other words, property-owners wanted to accumulate more wealth. According to Bodin, government belonged to kings, and property to subjects, and it was the duty of the king to govern the commonwealth for the common wealth. When wealth became private capital, the possibility to accumulate wealth became so vast that private property became close to the permanence inherent to the common world. (68)

But common wealth can never become common in the sense of the common world. It remains strictly private.

The Public realm: the common

The term “public” signifies two phenomena:

  1. Everything that appears in public can be seen and heard by everybody and has the widest possible publicity;
  2. Public is the world of common things and common stories.

Everything that is seen and heard by us and others constitute appearance, and, for us, appearance is what constitutes reality. Compared to the reality of what is appearance, everything that is of the intimate is uncertain and shadowy. Everything that is part of the “intimate life”, “the passions of the heart, the thoughts of the mind, the delights of the senses”, are uncertain and in the shadow until they are “deprivatized” and “deindividualized” into a shape that is fit for public appearance. (50) The deprivitization is what occur in artistic transformations through storytelling. “But we do not need the form of the artist to witness this transfiguration. Each time we talk about things that can be experienced only in privacy or intimacy, we bring them out into a sphere where they will assume a kind of reality which, their intensity notwithstanding, they never could have had before.” (50) Pain, however, is only with difficulty communicated to the public, it get hardly an appearance at all.

It is certainly the case for some private experiences that are not expressed in some documents that can be conserved for the historian to consult. However, how can there be words expressed on matters of the intimate life? Artists have difficulties enough transcribing their own intimate life into a sharable experience, so few could possibly “deprivitize” their intimate life. As a result very little is retrievable for the historian unless it is in the public sphere.

Our feeling of reality depends on appearance, and therefore on the existence of a public realm where things can appear in light out of the darkness of the private. In this sense, the public defines the private. What is worthy of bright public light is relevant, it is what can be tolerated, so the irrelevant becomes automatically a private matter (51). However, that does not mean that all private matters are irrelevant. Some relevant matters can only survive in private and die in public: love for instance. (51) As a result, some things considered irrelevant by the public realm can have an extraordinary appeal for people, and they may adopt these as a way of life. Such is the modern enchantment with “small things” that people cultivate in the privacy of their home. (52)

“Second, the term “public” signifies the world itself, in so far as it is common to all of us and distinguished from our privately owned place in it (52). It is the man-made world, not nature. The world relates and separates at the same time, like a table relates and separates people sitting around it. (52) The problem that mass society then pose on the public realm is not so much the increased number of persons involved, “the fact that the world between them has lost its power to gather them together, to relate and to separate them.” (Arendt, 53) Historically, only “Christian brotherhood” has kept together a community of people who had lost their interest in the common world.

This “worldlessness” as a political phenomenon is only possible under the assumption that the world will not last (54). “If the world is to contain a public space, it cannot be erected for one generation and planned for the living only; it must transcend the life-span of mortal men”. (55) “Without this transcendence into a potential earthly immortality, no politics, strictly speaking, no common world and no public realm, is possible.” (55)

The polis for the Greeks and the res publica for the Romans, were the guarantees against the futility of individual life and provided a space for permanence. The modern age marks the rise of society to public prominence and as Adam Smith notes, men of letters were drawn to public admiration and monetary rewards. Public admiration is also something used and consumed, as well as status. (56)

“Yet, even if these needs, through some miracle of sympathy, were share by others, their very futility would prevent their ever establishing anything so solid and durable as a common world.” Public admiration does not constitute a space in which things are saved from destruction by time. As a result, monetary rewards, itself also futile, becomes more “objective” and more real. (57)

The reality of the public realm relies on the simultaneous presence of innumerable perspectives and aspects. One could call it diversity. “Being seen and being heard by others derive their significance from the fact that everybody sees and hears from a different position.” (57) “Only where things can be seen by many in a variety of aspects without changing their identity, so that those who are gathered around them know the see sameness in utter diversity, can worldly reality truly and reliably appear.” Differences of position and variety of perspectives are what guarantee the reality of a common world.

“If the sameness of the object can no longer be discerned, no common nature of men, least of all the unnatural conformism of a mass society, can prevent the destruction fo the common world, which is usually preceded by the destruction of the many aspects in which it presents itself to human plurality. This can happen under conditions of radical isolation, where nobody can any longer agree with anybody else, as is usually the case in tyrannies. But it may also happen under conditions of mass society or mass hysteria, where we see all people suddenly behave as though they were members of one family, each multiplying and prolonging the perspective of his neighbor. In both instances, men have become entirely private, that is, they have been deprived fo seeing and hearing others, of being seen and being heard by them. They are all imprisoned in the subjectivity of their own singular experience, which does not cease to be singular if the same experience is multiplied innumerable times. The end of the common world has come when it is seen only under one aspect and is permitted to present itself in only one perspective.” (58)

In my next post I shall reflect upon Arendt’s conception of privacy in relation to the rise of the social media realm.

Gendering the Renaissance Commonwealth by Anna Becker

Cambridge University Press

On 23 September, the Centre for Privacy Studies welcomed back former colleague Anna Becker, now Professor MSO in the history of ideas at the University of Århus, for a book launch. Anna presented her newly published book Gendering the Renaissance Commonwealth, published by Cambridge University Press in the prestigious series ’Ideas in Context’. This ‘Cambridge School’ historical analysis of gender in the language and the concepts of Renaissance political thought presents a thought-provoking reinterpretation of looking at the period.

 

This fantastic book kills two birds with one stone. Firstly, it presents a historical analysis of the gendered languages of Renaissance political thought. Doing so, and secondly, it is challenging the dominant narrative on Renaissance political thought.

The dominant narrative of Renaissance political thought is that this period marked the beginning of a sharp separation between a private and a public sphere. The public is the political and reserved to male citizens. The private is the realm of the domestic and reserved to female non-citizens. Becker attributes this narrative to Hannah Arendt’s influential reading of Greek thought in general and Aristotle in particular. The view for Aristotle is that man is a political animal (zōon politikon), who can only reach his true potential in the, the public sphere, the polis, as a citizen. In opposition, the private sphere of the household is simply for social companionship, not unlike any other animal. Becker urges us to free ourselves from this reading, which has influenced many thinkers, first of all Habermas in The Structural Transformation of the Public Sphere, and Pocock in The Machiavellian Moment. We must rethink, writes Becker, this simplified division between the public-political-male realm and the private-apolitical-female realm.

Indeed, Renaissance political thought revolved around interpretations of Aristotle’s division between the household and the city. Philosophy, for Aristotle, was divided into practical and natural philosophy. Practical philosophy was divided into three disciplines: ethics, economics, and politics. Moral philosophy in universities were taught according to this distinction. Ethics concerned the self, economics the household, and politics the city. Becker shows in her book that Renaissance thinkers pondered all three disciplines together. In this sense, the household and even the self, were political matters because the well-being of the res publica depended on good mores of individuals and a harmonious family life, res familiaris.

Becker looks more specifically at Machiavelli’s thought in one of the chapters and Jean Bodin’s thought in three other ones. It is not possible to present all the arguments and points that Becker makes, but I shall here select important ones for her overall thesis.

First, Becker explains Aristotle’s divide of philosophy upon which all Renaissance thinkers commented. Italian thinkers, such as Leonardo Bruni (c. 1370 – 1444), Donato Acciaioli (1428– 1478), and Bernardo Segni, were interested in the relationship between the individual, the family, and the state in their commentaries of Aristotle’s Politics and Ethics. These three communities of human life constituted three objects of the practical philosophy called moral philosophy, which sought to regulate all human life. Ethics was concerned with individual mores, Economics with family matters, and Politics with public matters. All three sub-disciplines were related with one another, so there was no sharp distinction between a “private” and a “public” sphere. The debates among Renaissance commentators of Aristotle focused on how to balance the three for a harmonious whole.

When it comes to Machiavelli, he pondered on “private” issues such as family and friendship, using the same vocabulary as his civic humanist contemporaries. However, Machiavelli argued against the accepted narratives. It is not friendship in the citizen body that makes a city great, but the lack of it. Discord, and not concord, makes better laws because conflict leads to greater debates. And the law is needed for good civil life (vivere civile). Friendship, on the other hand, leads to corruption and cronyism. This is the lesson from Florentine history, in which powerful families ruled the city almost to its ruin. By the same token, education should not be left to families because anti-republican families educate their children with these values.

Regarding Bodin (1529/30–1596), one of the main arguments turns to the gendering part of our political vocabulary; what Becker calls the “invention of a tradition.” This new tradition is the husband’s power over his wife. Since marriage and the family are the first stones of the res publica, the commonwealth, and since the trope is that a state is a big family, or a family a small state, the gendering of the vocabulary is here crucial. The private marriage of husband and wife is about power (imperium): the power of the pater familias (family father) over the submissive wife. This construction is particular to Bodin and contradicts Roman law. In the body of Roman law known as Corpus iuris civilis, Roman wives were not subjected to the power of their husband. The seventeenth century was then heavily influenced by this metaphor of the ruler as a father. The divine-right theory was a direct consequence of this idea and the tradition of paternal political power.

We are left hanging in the last chapter, which only a few paintbrushes of what a study of German political thought during the same period would be like. The reader could ask for more on Martin Luther, and how Reformation thinkers interpreted Aristotle’s practical philosophy, but Becker paved the way for this reader to accomplish that on her own using the same method of analysis.

If you want to know more about the book, stay tuned for a podcast episode with Anna Becker. In the meanwhile check our amazing previous episodes!

CfP Panel “Privacy and Republicanism” at the Venice World Multidisciplinary Conference on Republics and Republicanism

The Centre for Privacy Studies (PRIVACY) is inviting paper proposals for a panel at the second edition of the Venice World Multidisciplinary Conference on Republics and Republicanism 11-13 June 2021.

The title for the panel is “Privacy and Republicanism“.

(detail) Ambrogio_Lorenzetti_-_Effects_of_Good_Government_in_the_city

In the very name of republicanism is the idea of “public,” a “public thing” that people have in common. By definition, then, there also is a “private thing.” Early modern discussions of “scientia politica” or “scientia civilis” derived from Aristotelianism and his distinction between oikos and polis. Was the distinction so sharp and where did thinkers make them? Private virtues can only be of value if displayed in public. How did the theoretical works on the private/public divide compare with practice in republics? Did republican city-states have particular architectures allowing for or negating privacy? How did republican art represent privacy?

This panel seeks to gather multidisciplinary contributions on privacy and republicanism. The focus is particularly on Early Modern Europe, but contributions on contemporary issues, earlier period, and other regions are welcome.

Proposals and contributions may include following topics:
– an analysis of priv-words in texts pertaining to the republican language (privatus, privé, privy, privauté, Privatrat, etc.);
– distinctions between private and public in these texts and where we can find thresholds;
– other semantic oppositions between private and common, professional, evident, together with others, etc.;
– connecting conceptual history to social practice (Were there special places where these linguistic developments took place? Was political language shaping behaviors in private and public spaces?)
– rethinking the opposition oikos/polis and gender (public man/private woman, private sphere and political theory, particularly “republican motherhood”);
– methodological considerations on how to study “privacy” in the history of political thought (e.g. how we understand privacy and how we apply it to different linguistic areas);
– difference between republican privacy and liberal privacy or monoarchical privacy;
– the role of theology and law in shaping privacy in republican thought (private prayers and virtues, legal duties and obligations);
– moral philosophy and questions regarding the display of private wealth in the public arena (luxury and commerce in republicanism or the private sphere and the common good).

To apply:
Please send your paper title and an abstract (300 words) as well as a CV (2-3 pages) to frank.ejby.poulsen(at)jur.ku.dk by 15 August 2020.

The speakers whose proposal are accepted will be expected to engage in a dialogue to enhance the cohesion of the panel. In case of successful application, it is possible to apply for a bursary to attend the conference.

Private academic debates and public knowledge: Hermann Conring’s analysis of the Holy Roman Empire at the University of Helmstedt

I wish to present my on-going research on another case I work on, Helmstedt 1620-1681. During this period, the University of Helmstedt was one of the most important ones in Germany. The university opened officially in 1576 and closed definitely in 1810. Studying the life at the university and the city is interesting from the point of view of privacy because it was religiously liberal by the days’ standards and formed a closed community with its own laws inside the city. This provoked many tensions. The production of knowledge is one of our foci, and here the interesting part is the relation between private lectures and public lectures, private lives and public lives of professors, and the publication or dissemination of novel ideas.

I presented recently the beginning of my work on Hermann Conring (1606-1681), a professor at Helmstedt, at the symposion “Practices of Privacy”, organised by my wonderful colleagues Natália da Silva Perez and Natacha Klein Käfer, who had to re-organise the whole conference to an online discussion platform.

In 1641, a student of Conring’s defended publicly a dissertation called ‘exercitatio’ On the Roman-German Emperor, based on Conring’s private lectures. These student theses were usually printed and published. The argument was that the German kings had no claim to continue the Roman empire. A year later, a book entitled New Discourse on the Roman-German Emperor was published under Conring’s name, but without the name of the publisher or the place. It was almost a fac-simile of the dissertation. Conring disavowed strongly authorship for this book in 1644 by publishing his own work, The Roman Empire of the Germans. He also claimed that the dissertation was the student’s own work, not reflecting entirely his views. However, the argument, which was a controversial one at the time, is roughly the same in all versions, and many sentences are similar. Fasolt in various articles and The Limits of History has therefore argued that Conring was the real “author” of all three. Conring’s 1644 book is, however, more detailed, more academic in its referencing and added resources.

There is no doubt that the New Discourse is Conring’s, if not in ownership, at least in meaning and spirit. We have therefore a case and a question mark, which have been investigated by Constantin Fasolt in several articles and a book. Why did Conring refused authorship for the Discursus Novus, and the Exercitatio? What Fasolt investigated was the question of authorship, and the question of meaning and intent by Conring. Building on this secondary literature and analysis, I want to investigate the question of privacy in developing knowledge and ideas, and the relation to public knowledge in 17th-century Helmstedt. It is a presentation of a work-in-progress by formulating thoughts and hypotheses for future analysis of primary sources. But before presenting the case, let me introduce you to Conring.

Hermann Conring

Hermann Conring (1606-1681)
From wikicommons

Hermann Conring was born in 1606 in Norden, Ostfriedland, and died in 1681 in Helmstedt. He can be considered as a typical “Renaissance man”: he was a polymath and applied the method of the humanists in his studies. He studied philosophy in 1620 in Helmstedt, with interruption due to the war and the plague. In 1625-1631 Conring studied in Leiden natural science and medicine. In 1632, Conring returned to Helmstedt as professor for two chairs (to save the university money) Natural Philosophy and Rhetoric. In 1636 he became professor of medicine and, in 1650, professor of politics (Politik). He taught and supervised students in philosophy, medicine, law, and politics.

Problem of the time

Holy Roman Empire 1648 (from wikicommons)

In 1642, when The New Discourse was published, the Thirty Years’ War was still decimating Europe. The Holy Roman Empire, led by the House of Habsburg, was the overall political organization ruling a collection of different states. Helmstedt was part of the Principality of Brunswick-Wolfenbüttel ruled by the House of Welf, part of the Duchy of Brunswick-Lüneburg. The Holy Roman Empire got its name from the claim of being the successor of the Roman empire. The German kings considered themselves successors of the Roman emperors and held their power from them. They would go to Rome to be crowned by the Pope.

Private lecture

In the catalogue of courses offered at the University of Helmstedt for the semester 1640, Hermann Conring gave a private lecture ‘Domi differet’ entitled De republica Germanica. Private lectures, unlike public ones that took place in the university building, took place at the professor’s home. Professors were called ‘Braut, Beer, und Küchen’ professors because students paid to live in their large house and were fed. They also followed the professors’ lectures in their private houses. My colleagues Natalie Patricia Körner and Johannes Ljungberg are working on the professors’ houses.

Conring’s house in Helmstedt (my own picture)

You can read more about the professors’ houses in Das Athen der Welfen, Herzog August Bibliothek Wolfenbüttel, 2010, the third part “Der Professorenhaushalt” p. 129-167 is dedicated to this topic. Also, Elizabeth Harding, Der Gelehrte im Haus: Ehe, Familie und Haushalt in der Standeskultur der frühneuzeitlichen Universität Helmstedt (Wiesbaden: Harrassowitz, 2014), writes about the professors’ houses.

Exercitatio

On 8 May 1641, Conring’s student name Bogislaus Otho von Hoym submitted Exercitatio de imperatore Romano Germanico, (Exercise on the Roman German Emperor), a public examination at the University of Helmstedt, presided by Conring. These public defenses were different than today’s in that they were supposed to demonstrate that the student had understood the professor’s lectures. The author of the dissertation was either the student entirely (rarely), the professor entirely (rarely), or both. In any case it was always based on the professor’s lecture and therefore the dissertations reflects the professor’s views. Otherwise, the student would not pass the examination. These dissertations were printed for the public defence.

These printed dissertations often ended with a separate set of briefly stated theses called corollaria. It is not exactly certain what they are, but they may be points, which validity the examined student had to prove. Questions that could be asked to the student to answer and substantiate.

Fasolt concludes that the Exercitatio was not a regular dissertation, destined to be forgotten as soon as defended. It dealt with a potentially explosive constitutional question about the legitimacy and origins of the Holy Empire. It must reflect Conring’s views during his lecture. However, Conring refuted being the author of the Exercitatio in his own publication later, De Germanorum imperio Romano.

Discursus Novus

https://books.google.dk/books?id=V1AAAAAAcAAJ&printsec=frontcover&source=gbs_atb&redir_esc=y#v=onepage&q&f=false
Discursus Novus

The unauthorised published version of the Exercitatio, the Discursus Novus, is very similar except for some minor typographical details, as Fasolt’s analysis shows. Interestingly, some misprints were corrected, but others were not. For Fasolt, the two major differences are the first page with a different title and only Conring’s name, not the student’s, and the absence of corrolaries at the end. As Fasolt notices, this transforms the nature of the work from an obscure academic dissertation by a student to get a degree at the university, to a book, which reached a wider audience beyond the university.

This is most likely the main reason for provoking Conring’s anger, besides not getting paid for the book and the alleged ‘greed’ of the coward printer. As Conring remarked 30 years later, his radical ideas about the nature of the Holy Empire were exposed to the general public with an ‘insolent title’ that was ‘dangerous at a time when war was still raging’ (see Fasolt).

We do not know the circumstances of the publication of the New Discourse. Had von Hoym a hand in it? Was it someone who knew Conring’s lecture and the dissertation and thought it should reach a wider audience? Was it meant as a malicious way to expose Conring and his radical ideas, create trouble for him? Was it Conring himself, who tested the waters with his ideas, but then refuted the book?

We do have public expressions of Conring’s dissatisfaction with the New Discourse. In the preface to his De Germanorum imperio Romano he calls the book a ‘primitive supposititious child’, and was appalled by the damage done to his reputation. He claimed that he wanted nothing but the peace and quiet of his academic life, but now he was forced to leave his research and studies in medicine to write an answer to this book. As Fasolt notes, this should be taken with a pinch of salt. Conring did constantly show an interest in the legal and historical matter of the Holy Empire, by teaching and presiding students’ examinations on that topic throughout the 1630s.

Conring’s poem in Lampadius’s work

Moreover, as von Moeller notes, Conring started being interested in this topic after meeting and befriending Jacob Lampadius in 1632, who was then Counsel of the duke of Braunschweig. (61) A few years earlier, when Conring was a student at Helmstedt, Lampadius was teaching constitutional law. Conring expressed in his conversations with him his eagerness to study thoroughly and precisely the circumstances of the German empire. (62) Lampadius gave him the doctoral dissertation defended in Heidelberg under professor Reiner Bachoff (Bachofius) about the jurisdiction of the German empire. This gave him an overview of the latest state of the constitution. Conring liked the book so much that he asked Lampadius to work anew on it and publish it. 2 years later, Conring published it with a different title: De republica romano-germanica. He added 2 other small papers by Lampadius and de Thou’s description of Germany from (from his Historia sui temporis), published by Johann Maire in Leyden. Conring did not mention himself as editor, but he wrote 8 couplets to praise the work at the beginning. In these, Conring expressed for the first time the pride concerning its past, the pain concerning its present, and the faith in its future. Formerly, Germany had conquered Rome, the mistress of the world, and had taken the name and the power of the Romans. Today, the situation is dire and Germany is being defeated, but there is still hope: “tempus erit quondam, post cum sua busta resurgens hinc repetet vultus, juraque prisca dabit.” (my translation: there will be a time, some day, when, after having risen from its tomb, it [Germany] will return to appearances and it will surrender to the ancient laws.) Many years later, in 1671, Conring re-edited Lampadius’s work and added some supplements after he had made it often the basis of his lectures.

I have yet to examine this work and compare it to Conring’s own.

De Germanorum imperio Romano

Early 1644, and about half a year after Conring had a copy of the New Discourse, he published De Germanorum imperio Romano liber unus or One Book on the Roman Empire of the Germans. The subject is the same as Discursus Novus, but it is more detailed and better structured and argued. It has more quotations from primary and secondary sources.

The argument developed in De Germanorum imperio Romano is seemingly different from Discursus Novus and Exercitatio. The Exercitatio and Discursus novus arrived at the conclusion that the Roman Empire had either ceased to exist or been reduced to a shadow of its former self and the German Empire had risen in its place. De Germanorum imperio Romano distinguished between Germans and the Roman Empire, implying that there was no German Empire and concluding that the Roman Empire still existed. The German kings had a right to rule over the Roman empire and Conring accused the papacy of usurpation of imperial rights.

Or so it would seem. As Fasolt notes, Conring’s understanding of the ‘Roman Empire’ is double. When meaning the vast empire of beyond the city of Rome, Conring actually argued that it was defunct. In the second sense only, does Conring argue that it still exists: and it is limited to the city of Rome. So Fasolt sees two differences between the Exercitio and De Germanorum imporio Romano:

1.      Papacy’s control over city of Rome might be legitimate in Exercitio. In De Germanorum imperio Romano it is not.

2.      In Exercitatio, German kings were wasting their time when seeking control over the ‘Roman empire’ (understood as the city of Rome). In De Germanorum imperio Romano they were not.

Privacy analysis

Using the heuristic zones, what does this tell us?

First of all, it tells us that Conring’s real thoughts are absolutely private to him. We only have the external manifestations in the written words.

Second of all, we do not have any record of what he actually lectured in the privacy of his professor’s house to his students. We can only assume from the Exercitio and the published New Discourse, that this may have been the content of his lecture. We can also assume that he used Lampadius’s work for his lectures. We can deduce from the Exercitio and how Conring reacted to the Discursus Novus that what made him react was not the content, which was identical, but the extension of the audience beyond the university. By his own account, the Discursus Novus reached a wider readership in Italy, France, Spain, and England. At the time of the Thirty years war, Conring may have feared that his views could be used and misused as political weapon.

Exploring how legal and historical arguments moved from a private lecture of a few students destined to civil service, some of them noble as von Hoym, to a public defence by a student in the close community of a university, and then to a vaster public readership in Europe is what I shall focus on in the coming months.

Hutcheson’s moral philosophy and privacy

Bernard de Mandeville

In my previous post, I laid the foundation for considering the study of moral philosophy as an important part to understanding notions of privacy at a particular time and place. I argued that, if we understand privacy as keeping private information secret from other people’s knowledge, some motivation for doing this might be to avoid reprobation from others. Now, this reprobation is related to a conception of morality. Therefore, the study of morality at a place and time gives a good orientation as to what was considered publicly

acceptable and what was hidden from public knowledge. As the Anglo-Dutch philosopher Bernard de Mandeville (1670–1733) provocatively argued in The Fable of the Bees (1714), morality is a social construct.[i]

We can identify two sources of moral authority in Scottish eighteenth-century society: The church and the university. I shall focus on the university for no other reason than my personal interest. It should be noted, however, that ministers of the church received their education at the university. Therefore, my focus on the university also bears some rationale.

Francis Hutcheson (1694-1746)

As previously argued as well, this explains why there was strong political interests at play for controlling influential positions in the church and at universities. The Chair of Moral Philosophy was one of the most important ones, since the holder taught future elites in the church and state administration about moral virtues and duties, what is morally ‘right’ and what is morally ‘wrong’. Francis Hutcheson (1694—1746) was appointed at the Chair of Moral Philosophy at the university of Glasgow in 1729 as a result of Islay’s influence over factional rivalries.

It is easy to know what Hutcheson taught in moral philosophy because he published a textbook for his students, first in Latin, then translated into English. He was the first to introduce teaching in English at the university. The Latin textbook was published in 1742 in Glasgow by Robert Foulis as Philosophiae Moralis Institutio Compendiaria.

A short introduction to moral philosophy (2nd edition 1753)

The translation, A Short Introduction to Moral Philosophy, in Three Books, Containing the Elements of Ethicks and the Law of Nature was printed posthumously in 1747 in Glasgow by Robert Foulis as well. In the following, I shall use the facsimile editions prepared by Bernhard Fabian, volume IV of the Collected Works of Francis Hutcheson, Georg Olms Verlag, Hildesheim-Zürich-New York, 1990.

I shall now focus on Hutcheson’s teaching regarding human nature and print and censorship. These two foci are guided by the research interests of my colleagues working on privacy for the Glasgow case. Natacha Klein Käfer and Natália da Silvia Perez investigate body-snatching and dissecting: post-mortem privacy. It is therefore relevant to understand how morality regarded the body, the soul and human beings in order to understand how these were treated. Jesper Jakobsen investigates print culture and regulation. It is therefore relevant to understand what morality regarded as worthy of expression in printed or uttered words.

Hutcheson’s moral philosophy

For Hutcheson, moral philosophy is the ‘commanding art’ which dictates how other arts must follow. Moral philosophy is the art of regulating the whole life (p.1). Therefore, it is interesting to look at how the notion of privacy in moral philosophy is determined. The chief point to be inquired in moral philosophy, according to Hutcheson, is what course of life is according to nature, wherein is happiness, and what is virtue (p. 2)? Hutcheson implies that following what is ‘natural’ or ‘nature’ is a way to achieve happiness, or else by being ‘virtuous’. It also has to be specified what happiness and virtue are. One could here infer, that hiding shameful vices is unnatural; so, in this sense, privacy is unnatural.

Human nature

There is no explicit notion of privacy, but it can be inferred from several elements. The first element, perhaps, is that human nature was formed by a Deity (p. 2). Looking at human nature, thus, requires looking at what God intended for humans. Looking at our natural senses and perceptions gives us a sense of what nature intends for us. Therefore, we must first look at the ‘constitution of nature’, rather than God’s will directly, in order to find about our first notion of duty (p. 2). This is important because it implies not to look at texts—the Old Testament and the New Testament. Rather, it requires an empirical enquiry following a scientific method. Through this, we discover the will of the design of our Creator as to our conduct (p. 3).

In this understanding, Hutcheson follows the path of his predecessor at the Chair of moral philosophy, Gershom Carmichael (1672–1729). Carmichael made Pufendorf’s De officio hominis et civis (1672) the set text in moral philosophy at Glasgow, which Hutcheson also followed.[ii] Pufendorf’s work was widely used for teaching moral philosophy at European universities.[iii] Carmichael was influenced by Pufendorf (1632—1694) in discussing natural law with a focus on this life and not the after life, in examining the external manifestations of human conduct.[iv]

Human nature consists of a soul and a body. If we want to understand notions of privacy in human nature, therefore, it has to go along the lines of body and soul. One may note here, that the separation of soul and body implies an understanding of bodily privacy and soul privacy.

 

Concerning the body, Hutcheson is curt; it is better explained by physicians and anatomists. Hutcheson notes only that the human body is superior to other animals because of possessing senses and has a certain dignity in being erected (p. 3). What is interesting is that the body decays if it is not properly taken care of. Food obviously, but also against ‘dangers from without, by cloathing, shelter, and other conveniencies” (p. 4). Hutcheson means probably a minimal existential threat from nature: protecting from the cold, from rain and wind, etc. But clothing and shelter are elements of bodily privacy. Even if not meant as such, they are basic elements in protecting the body from external dangers. In this sense, it is more bodily safety than privacy.

What matters is the soul, to Hutcheson. Regarding death, Hutcheson is not concerned with the body, but only the soul, which must be cultivated in a certain way by piety and devotion to God: ‘Hence the hopes of future happiness after death, and a strength and firmness of soul in all honourable designs. Hence the soul shall be filled with the joys of Piety and Devotion; and every good mind shall expect every thing joyful and glorious under the protection of a good Providence, not only for itself but for all good men, and for the whole universe’ (p. 38). Hutcheson answers to the metaphysicians, that he only considers the structure of the universe that points towards an artificial intelligence, a Creator, who must have a just moral government over his creatures (p. 101). Since happiness and misery do not necessarily come to the virtuous and the vicious in this life, it must be in the other.

‘… all things related to this mortal state are fleeting, unstable, corruptible’ (p.90). In the last hour, what is important is the enjoyment to have acted virtuously, which gives the joyful hope of a happy immortality.

A nightwatchman disturbs a body-snatcher who has dropped the Wellcome V0010463

This may be important for the treatment of bodies after death. The body of a non-virtuous person may be less regarded. The commerce of cadavers and their public dissections in front of medical students may not be considered immoral when performed on convicts and executed criminals.

Moreover, this view has consequences for the behaviour of a person both in public and private, as Hutcheson requires practice and exercise for the soul in the form of ‘piety and devotion towards God, adoration of his perfections, prayers, confession of sin, and pious desires, and vows of obedience’ (p. 91). However, natural desires and passions are not evil in kind, they may be of use in life, either to the person or to mankind (p. 91). What matters is the moderation and whether they are pernicious to society: moderate desire of self-preservation, a moderate relish for sensual pleasures, frugality and liberality, moderate desire of power, moderate desire of fame, some anger, etc. (pp. 95-98).

Regarding print and censorship

Hutcheson considers print and censorship indirectly. It can be deduced from what he writes on speech, since Hutcheson writes that speech includes ‘communicating our sentiments, viz. common writing’ (p. 196). The general principle regarding speech is that it is a gift given by God to mankind, setting it above other animals, together with the other gift of reason. That speech is related to reason is not fortuitous in Hutcheson. As Hutcheson wrote in the advertisement to the students or preface, his textbook serves as an introduction to ancient philosophers, in particular Aristotle and Cicero. Maccari-Cicero They both have written about rhetoric as being speech in the service of reason and truth. Hutcheson takes a similar point of departure. Since speech is a gift from God, it must be used the way God requires it of us. This indication can be found by looking at our ‘nature’, which requires of us to use speech in line with the ‘common interest’. We must use speech with truth and fidelity in conversations otherwise we lose this advantage of social life (pp. 195-196).

Hutcheson draws a distinction between natural and artificial speech, by which he means speech, or use of signs, that was intended by the author to someone or not. In the case of natural speech, there is no reason to demand any veracity from the author. Artificial speech is the one intended for someone else (pp. 196-97), and there is an obligation not to hurt one’s neighbour without a just cause. In this case there are some ‘laws of speech and writing’. First, ‘Where others have a right to know the whole sentiments of the speaker, he is obliged not only to speak truth but to reveal the whole truth’ (p. 198). This may be in a court of law, or in a classroom. Second, ‘Tho’ others may have no peculiar right to know our sentiments, yet when we speak to them, we should say nothing but what agrees with our sentiments according to common interpretation which obtains among men of understanding’ (p. 198).  This is so because speaking contrary to one’s sentiments makes one guilty of lying or falsehood. Hutcheson insists particularly on the fact that maintaining veracity in all our conversation is important to society. Therefore, it is unlawful to use false speaking in any small motives in life (to pacify anger, to comfort the sorrowful, to obtain any advantage or avert evils not of the highest kind). However, it is allowed to deceive in some circumstances, particularly in the case of entertainment (198-99). Works of fiction are playing with our notion of truth and veracity in order to entertain.

Moreover, there are sacred duties in the use of speech:

  • ‘that we study to make our speech profitable to others, in recommending and cherishing, admonishing, exhorting, comforting, and sometimes reproving sharply, and all these shewing an hearty intention of doing good’. (201)
  • ‘to reconcile friends… to prevent animosities, or to compose them’ (201).
  • avoid hurting the characters of others, avoid spreading false calumnies, but also ‘conceal the secret fault of others, unless he be forced to divulge them to prevent the seducing the innocent, or to avert some publick evil’. This may be difficult regarding men who are publicly infamous already.

Hutcheson makes one final note regarding the effect of speech on the speaker and the listener, which may move them in delight or aversion. The case here is when obscenity is involved. Obscenity is when the speaker or the hearers delight or are depraved by speaking about the dissolute temper in others because it kindles a like vicious passion in the minds of the hearers (p. 202). It is ‘hateful and detestable’.

In summary, there is no clear mention of how and when to censor speech. However, one can take several general guidelines. When a printed text is intended for communication to others, it must be close to the truth, not deceive, and not hurt the character of others. Works of fiction, however, may deceive as long as they are not obscene and do not hurt anyone’s character.

Hutcheson actually gives an example of something that he finds ‘censurable’, but the word meant ‘reprimandable’ or subject to blame. The ‘censurable’ part is Plato’s Republic, when he writes that states should overtake the parents’ role as educators. ‘This natural love of the sexes, and equally natural love of offspring, shew that Plato and some other excellent writers are justly censurable, for departing too audaciously from nature, in appointing their states to be supplied in new subjects by children unknown to both the parents…’ (257)

Some further directions for research

Hutcheson beyond the classroom

Were Hutcheson’s views discussed in cafés, salons, in the media. Where should we look? The Scot Magazine is a good start.

What has been the impact of Hutcheson’s ideas on his students, and what has been the impact of his students on social norms? How to assess them? This would require, first, looking at the students enrolled in moral philosophy at the University of Glasgow. There are archives for this. Second, it would entail selecting those who have published or whose ideas have been recorded in some way (correspondence, diary, debates in societies, etc.).

Commercial society, morality, and privacy

https://gph.is/1qsIq9b

The discussion of virtue and vice related to commercial society was an important one at the time. It was not as obvious to contemporaries as it is today, that a commercial society was a viable and successful one. Here comes the discussion from Mandeville’s Fable of the Bees regarding selfish interests working for the public good. For Mandeville, greed is good. Accumulating wealth, luxury, indulging vices enable work for many people and make a commercial society prosper. This view influenced one of Hutcheson’s brightest students, Adam Smith (1723—1790), but also David Hume (1711—1776).

If the common good requires a functioning commercial society where citizens are ‘merchants’ (i.e. depending on one another for their survival, and not autarkic individual), then morality needs to be redefined. Displaying wealth, indulging vices, may no longer be frown upon, and no longer belong to the realm of the private. Hence, it may be possible to formulate a working hypothesis regarding the relationship between capitalism, morality, and privacy.


 

[i] Hutcheson commented on Mandeville’s work in his correspondence, published in 1729 as ‘Thoughts on Laughter and Observations on “The Fable of the Bees”’.

[ii]  James Moore, Michael Silverthorne (eds.), Natural Rights on the Threshold of the Scottish Enlightenment : The Writings of Gershom Carmichael, Liberty Fund: Indianapolis, 2002, p. 74.

[iii] Ibid. P. 77.

[iv] Ibid.

Privacy and Moral Philosophy

What does privacy have to do with moral philosophy? A lot, depending on how we conceptualize privacy. Privacy was a word people used in the eighteenth century, albeit not in the exact same way as we do today. The notion of a ‘right to privacy’ did not exist, neither legally nor in the minds.

According to the Oxford English Dictionary, privacy is defined as ‘1. the state or condition of not being alone, undisturbed, or free from public attention, as a matter of choice or right; seclusion; freedom from interference or intrusion’. One may note a particular legal and political undertone is this definition with the word right and choice, the words freedom and the liberal definition of liberty as freedom from interference or intrusion. Privacy is also the avoidance of publicity, protection from public knowledge. Again a legal and political understanding.

If we look at Nathan Bailey’s 1730 Dictionarium Britannicum, ‘privacy’ is identified as stemming from the French privauté, meaning ‘familiarity’, but also retirement or secrecy. French dictionaries at the time also defined ‘privauté’ as ‘familiarité’. Privacy as privauté is not of our concern here.

A Dictionary of the English Language 1755 If we look at the 1768 edition of Samuel Johnson’s A dictionary of the English language, privacy is defined as stemming from ‘private’ and designating 1) the state of being secret, secrecy, or 2) retirement, retreat, or 3) privity, grand familiarity, joint knowledge, or 4) taciturnity. ‘Private’ stems from the Latin privatus, meaning 1) not open, secret, 2) alone, not accompanied, 3) being upon the same terms upon the community, particular, opposed to public, 4) particular, not relating to public, 5) in private, secretly, not in public.

One may notice the absence of any legal or political connotation, except perhaps that it denotes something ‘secret’ and ‘retired’ from others. It is first in Brandeis and Warren’s 1890 article on ‘the right to privacy’ that we have a clear legal notion of a ‘right to be left alone’. This right to privacy, also adds to other rights defined in the American and French declarations in the late eighteenth century.

Now, there is clearly a cultural, philosophical, and political change in minds that explains the notion of rights. But, what about the notion of privacy? And why study the history of moral philosophy in particular for an intellectual history of this notion of privacy?

Rubens, Adam and Eve, 1628-29

In the Book of Genesis, the reader learns that God created Adam and Eve, the first human beings. They were free to do what they wanted and prosper in the Garden of Eden to create humankind. God made them in his image. However, God forbid Adam and Eve to eat fruits from the tree of the knowledge of good and evil, as well as the tree of life. Tricked by a snake, Eve ate a fruit from the tree of knowledge and offered it to Adam. As a result, they gained knowledge of good and evil. With this knowledge came shame, the shame to discover they were naked. They hid their genitals from each other. They equally tried to hide from God as they knew they did something wrong and disobey his command. God found out, and, fearing they could also eat from the tree of life and become immortal like Him, He banned them from Eden to suffer on earth.

If we think about privacy in this well-known story, we can see that knowledge of good and evil is tightly related to secrecy and publicity. The reason for retiring and concealing something shameful is the fear of judgement and knowledge by others. It is a moral judgement we are here interested in, not legal judgement. One would also hide and conceal something illegal in the fear of being sentenced as a result, but that is not of our concern here.

My hypothesis, then, is that looking at how people conceived morality determined how people acted in public and in private. I am here conceptualizing privacy with a restriction to being a state of privation from others, a retreat from others, therefore a voluntary act. It is others’ knowledge of one’s actions. We acquire knowledge through our senses: sight, hearing, smell, and to a certain extent touch and taste.

If someone choses to retreat from other people’s senses, the retreat is voluntary. If the retreat is voluntary then there is a reason for it: a will to keep something away from others. This will is thus influenced by something, which may be a certain public image as opposed to a private one. It may also be that there is a will to keep something away from others. Society may frown upon the condition of solitude because it is suspect: someone may be hiding something contrary to moral standards.

Moreover, if there is a will, it also supposes that the person is alive, but what about after death and the will of the person? This touches upon questions as wide ranging as opening a private diary, and opening a cadaver to gain knowledge of the soul or the body. This will to retreat also imply that we study how the person in question understands this retreat and privacy. Closing one’s eyes and joining hands in prayer in the middle of a crowded room may not seem like privacy to us, but might be for the person. By the same token, this person may believe to be alone and thus away from the knowledge of others, but not of God. A private conduct may also be influenced and not considered as privacy by this person.

The teaching of moral philosophy at the university in the early modern period may seem remote from social realities. It is difficult to assess the real impact and it is certainly limited to a society’s elite. However, since society was hierarchically organized, it is relevant to study the elite’s mind-set in order to understand the rules according to which it ruled lesser ‘classes’ or estates. Studying at the university was reserved to a certain elite in the eighteenth century, and this was also true of Glasgow.

The professorial chair was subject to political scrutiny, even if to a lesser

Francis Hutcheson (1694-1746)

extent at Glasgow compared to Edinburgh and other Scottish universities. The eighteenth century saw an increasing patronage by the crown and politicians over the church and universities.[1] The politics of the church and the university is important because it shaped the ideas and values of the Scots. The most influential persons who managed to monopolise patronage were Archibald Campbell, first earl of Ilay, and, after 1743, third duke of Argyll (1682-1761), and afterwards Henry Dundas, first Viscount of Melville (1742-1811).[2] Francis Hutcheson’s appointment at the Chair of Moral Philosophy in 1729 was the result of Ilay’s decisive influence over factional disputes.[3]

This is the first step for building my research programme on privacy as it relates to moral philosophy. I start from the hypothesis that moral philosophy is significant for understanding privacy because it defines the standards by which people judged one another. It formed their ‘moral sense’ in a way. The next step is to look at the actual teaching of moral philosophy. I work on the Glasgow case together with my colleagues at the Centre for Privacy Studies, and I focus on Francis Hutcheson’s teaching of moral philosophy. A third step would be to collect sources and information about how his teaching spread through society by looking at his students and if and how his ideas were discussed in society.

[1] Roger L. Emerson, ‘Politics and the Glasgow Professors, 1690-1800’, in The Glasgow Enlightenment, ed. Andrew Hook and Richard B. Sher (East Linton: Tuckwell Press, 1995).

[2] Emerson, 22.

[3] Roger L. Emerson, Academic Patronage in the Scottish Enlightenment: Glasgow, Edinburgh and St Andrews Universities (Edinburgh: Edinburgh University Press, 2008), 96–97.


This post is based on the paper I presented at the 49th Annual Conference of the British Society for Eighteenth-Century Studies, 8-10 January 2020 at St Hugh’s College, Oxford, United Kingdom : “Natural, Unnatural and Supernatural”.

Traduire privacy : Vie privée ou sphère privée ?

Dans mon dernier billet, j’ai présenté, en anglais, mes réflexions méthodologiques sur l’étude historico-philosophique de la privacy. J’ai ensuite présenté la méthode de travail du Centre for Privacy Studies, définie par son directeur, Mette Birkedal Bruun. Je souhaite dans ce présent billet, écrit en français avec une bonne raison, aborder le problème soulevé par mon collègue Michael Green, concernant la traduction des concepts utilisés pour l’analyse de la privacy.

Tout d’abord se pose la question de traduire la notion de « privacy ». A première vue, il est logique de traduire privacy par vie privée parce que nous avons en droit un « right to privacy » correspondant au « droit à la vie privée ». Deux questions se posent, cependant, avec ce choix. D’abord, il limite la compréhension de privacy à une notion moderne et contemporaine liée à l’apparition de ce droit. En ce sens, une étude de la privacy ou vie privée se limiterait à l’évolution de cette notion moderne et contemporaine. Certes, elle pourrait ne pas se borner à une conception juridique et inclure l’histoire des idées avec le développement de la notion de droit de l’homme, de l’individu, du soi. Mais, il n’en reste pas moins que c’est une limitation de la notion de privacy. Il est donc nécessaire de déterminer dès le début qu’il ne s’agit pas d’une histoire du droit à la vie privée lorsque l’on parle de vie privée, tout comme a history of privacy n’est pas a history of the right to privacy.

En outre, l’histoire de la vie privée a une histoire elle aussi. Au dix-septième siècle, on s’intéresse à l’étude de la vie privée des personnes dans le passé. La seconde moitié du dix-huitième siècle montre un engouement pour la vie privée.

On s’intéresse par exemple à la vie privée des Romains. Cela montre que la notion de vie privée commence à s’installer dans les esprits.

Billedresultat for de la vie privée des romains d'arnay"

La seconde question qui se pose, à mes yeux, concerne la corrélation dans les deux langues de ce que signifient privacy en anglais et vie privée en français. Linguistiquement parlant, les deux ont en commun le mot issu du latin privatus. Privacy en anglais, est composé de l’adjectif private (du latin privatus, privatum) et du suffixe –acy. Selon le Oxford English Dictionary, la definition de privacy est : “The state or condition of being alone, undisturbed, or free from public attention, as a matter of choice or right; seclusion; freedom from interference or intrusion.” L’origine du mot viendrait d’une erreur de copie de privity en 1534.

Vie privée est dans le dictionnaire Trésor de la Langue Française sous « vie »: «  [Constr. avec un adj. ou un compl. prép.] Part de l’activité humaine, de l’existence d’une personne ou d’une collectivité envisagée du point de vue de l’activité exercée, des occupations. » Pour « privé » : « 1. Dont seuls quelques particuliers peuvent faire usage; où le public n’est généralement pas admis. […] 2. Qui appartient en propre à une ou à plusieurs personnes. […] 3. Qui a lieu dans l’intimité, sans public; qui concerne un petit nombre de personnes. […] 4. Qui est d’ordre strictement personnel; qui ne concerne pas les autres. […] − Vie privée. Anton. vie professionnelle, publique*. »

Comme je l’ai argumenté dans mon précédent billet, privacy ne peut se résumer à un concept au sens philosophique du terme. Par conséquent, le problème est moins celui de la traduction d’un concept et des considérations que cela entraîne. Concept qui, de toute façon, n’existait pas à l’époque que nous étudions (1500-1800) au sens où nous l’entendons aujourd’hui.

La définition anglaise commence par la notion « d’état » ou « de condition », dans laquelle on peut se trouver « hors de l’attention publique » « par choix ou par droit ». On peut remarquer l’absence de spécification sur le sujet en question : une personne ou un groupe de personnes. On peut aussi remarquer l’absence de spécification sur la nature de cette « attention publique » : regard, ouïe, odorat, savoir, connaissance d’un secret, etc. Vie privée pourrait se résumer à « part de l’activité humaine, de l’existence d’une personne ou d’une collectivité envisagée du point de vue de l’activité exercée, des occupations » « qui est d’ordre strictement personnel ; qui ne concerne pas les autres ». Il me semble que nous pouvons retrouver les mêmes éléments dans les deux langues concernant la condition ou l’état d’absence d’attention extérieure, et le fait qu’il puisse s’agir d’une personne ou d’un groupe de personnes.

Noisy sphere Cette traduction me paraît aussi bonne parce qu’elle évite la conception de « sphère privée », aussi utilisée en allemand, Privatsphäre. L’idée de « sphère » en elle-même suppose une délimitation. Hors, c’est le propre même d’une étude sur la vie privée de questionner la notion de délimitation. Les limites peuvent être négociées, repoussées, superposées. D’autre part, la notion de sphère implique, même inconsciemment, l’image d’un espace. Cependant, on peut trouver des exemples de privacy sans espace, comme le recueillement dans la prière par l’action d’un voile ou de joindre les mains. L’espace physique, la sphère, est minimale voire inexistante, mais la distance à l’autre est immense.

Pour la traduction de household, en revanche, « sphère domestique » me semble propre. Le foyer ou la maison ne sauraient correspondre car il faut comprendre un ensemble de personnels outre la famille. Ces personnes forment une sphère répondant à l’espace domestique proprement dit, ou s’étendant avec ces personnes lorsqu’elles sortent de cette espace.

Si nous comprenons « vie privée » selon cette définition, il me semble que cela soit une bonne traduction de privacy. Il reste alors à se poser la question avec Philippe Ariès : « Une histoire de la vie privée est-elle possible ? »

[1] Philippe Ariès, ‘Pour une histoire de la vie privée’, in Histoire de la vie privée, ed. Philippe Ariès and Georges Duby, vol. 3: De la Renaissance aux Lumières, 5 vols (Paris: Seuil, 1986), 7–19.

Towards a history of privacy: conceptual and methodological considerations

If privacy is a highly debated topic today, particularly in the USA, it is mainly because of increasing concerns in the last two decades regarding the rise of digitalization, on the one hand, and surveillance promising security against “terrorism,” on the other. As a look at the surge of the term “privacy” in an n-gram Google books search shows, this had been a rising concern since the 1960s.

Alan F. Westin published the first seminal book on privacy in 1967, Privacy and Freedom, which influenced several legal reforms in the 1970s and 1980s in the USA. He devised a taxonomy with four different states of privacy: solitude, intimacy, reserve, and anonymity. The central issue was already the interception of communications, physical and increasingly electronic. In a similar vein, the growing use of the internet triggered concerns regarding a seemingly limitless invasion of privacy. Jeffrey Rosen published The Unwanted Gaze: The Destruction of Privacy in America in 2000, and The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age in 2004, with an emphasis on privacy in a digital world. James B. Rule in 2007 Privacy in Peril, offered an account of the tradeoff involved between privacy and security or other conveniences by individuals willingly giving electronic information to government and corporations.

In his 2008 book, The Future of the Internet and How to Stop It, Jonathan Zittrain showed how the transition to a web 2.0 also involved a transition from a “Privacy 1.0” (data gathered by and stored in government and corporate databases) to a “Privacy 2.0” (data created and freely shared by individuals). In that spirit, in Constitution 3.0: Freedom and Technological Change, edited by Jeffrey Rosen and Benjamin Wittes in 2011, leading US scholars imagine the state of things to come and suggest policies and legal solutions to issues related not only to technological advances in surveillance but also neuroscience and genetics.

In conceptualizing privacy, these works have in common that they consider privacy as a valuable good from an individual point of view, an individual right that needs protection. Of course, I do not contend that we should not see privacy as a right that needs protection, but as a historian, and particularly an intellectual historian, this present conceptualization is problematic and is the starting point of a Foucauldian interrogation on a “history of the present.” How did we come to consider privacy as a human right? It was not present in the 1789 Universal Declaration of the Rights of Man and the Citizen, but is in article 12 of the 1948 UN Universal Declaration of Human Rights.

Privacy is however difficult to conceptualize and attempts to do so may lead to everything and nothing. Daniel J. Solove, in his 2008 Understanding Privacy, noted this difficulty and suggested a new taxonomy different from Westin’s (information collection, processing, dissemination, and invasion of privacy). Solove suggests avoiding an essentialist conception of privacy with a defined “core.” Instead, one should consider Wittgenstein’s theory of language and “family resemblances” when studying privacy. Rather than looking at one issue, Solove suggests a bottom-up approach by understanding “privacy as a set of protections against a plurality of distinct but related problems” (p. 171). This set of related problems forms a cluster of disparate notions that we solely for practical purposes unite under the common denomination “privacy.”

As a parenthesis on Wittgenstein, one may note that he exiled himself in Skjolden, Norway, in a secluded and isolated hut, which was visible to all in the village downhill. A sort of “conspicuous privacy.” This points the finger on one issue, which is also identified by many book covers and also the logo chosen for the Centre for Privacy Studies: an external eye witnessing the “private.”Eye dilate

Now, a key issue in intellectual history concerns the methodological and conceptual characterization of the object of study, typically a concept, idea, any intellectual production. Consider liberty. One could chose to define liberty first, and then look to the past to identify how the defined liberty was used and thought of, and how the concept was formed. This way of writing history, however, runs the risk of anachronism. As Quentin Skinner showed in Liberty Before Liberalism, one may overlook other conceptions of liberty, a neo-Roman or neo-Republican conception, than the one determined by the dominant paradigm of liberalism. The issue is this: writing the history of an intellectual object has two occupations. First, writing the history of the object in the past. Second, writing the history of the formation of the object in the past–how we got this object today.

Privacy is no different and is a typical case of an object of study, for which the word did not necessarily exist in the past or rarely occured. As Ferdinand de Saussure put it, an object has two components: a signifié (signified), or the concept that a word is designating, and a signifiant (signifier) or the word that designates the concept. Now a historian looks at sources, documents, that prove the existence of an object in the past. However, looking at the word is only looking at one side of the object when it is an intellectual one. A concept may exist before a word appears to define it. Also, the same word may designate a different concept than the one we have today. One could see this as making the object of study two dimensional rather than one-dimensional.

Of course, the concept of privacy obeys the same methodological considerations for the historian. From an intellectual historian’s point of view, it is, therefore, a double endeavor: investigating how past human beings thought of privacy, and investigating how the notion itself developed and became a word. For the first endeavor, we often lack a word, so there is a need to consider alternative methods. For the second, we lack a clear conceptualization of what notions to look for that will create the word. A quick look again at Google books shows the beginnings of the use of the word “privacy” and a peak in the mid-17th century after the end of the English civil war.

Moreover, privacy is more than just a concept. It is also a feeling and a condition.  Beate Rossler has theorized three dimensions of privacy: decisional privacy (the privacy of actions), informational privacy (the proper “right to privacy” or “right to be left alone” from Warren and Brandeis), and local privacy (the traditional private home separate from the public). That may be a third dimension to understanding privacy as an object of study. Privacy is, therefore, a great case for a truly interdisciplinary study program and deserves to be expanded into a whole field of study: privacy studies.

The Centre for Privacy Studies opted for an ambitious methodological and theoretical approach while maintaining a firm and clearly delineated bottom-up case-based study. Centre director Mette Birkedal Bruun published two papers on the centre’s working method. One is “Privacy in Early Modern Christianity and Beyond: Traces and Approaches” Annali Istituto storico italo-germanico/Jahrbuch des italienisch-deutschen historischen Instituts in Trient 44 (2018/2), 33-54. Another one is available on the Centre’s homepage. We understand privacy both as a quality and a threat from the perspective of all parts involved. In order to examine family resemblances, we not only analyze the stem “priv” in a corpus of texts–“priv- words”, i.e. words like “ “private,” “privacy,” “privy,” in various languages–but we also use a semantic mapping of words related and/or opposed to “private”–such as “common,” “professional,” “public,” etc. We also use heuristic zones to delineate the intersection, exclusion, and overlap of various spheres of privacy:

By examining how some problems related to privacy occurred at different places and times, we want to present a micro-historical observation of the human condition. All these cases could then serve for the basis of a bigger macro-analysis of the variations in thinking of and living with privacy.

This is what a scientific research program in the humanities aims to achieve: to provide society the tools to understand itself and the human condition in order to make better-informed decisions for the future. However, humankind does not understand universally the concept of “privacy” in the same way. Barrington Moore wrote a seminal anthropological and historical study comparing an Eskimo community, classical Athens, the Old Testament, and Ancient China. The first issue lies in the translation of this cluster we call “privacy” in other languages and in wondering with Moore whether it is universal at all. In my next post, I shall consider “privacy” in the French language as an example.