Bloomsbury (2026) h/b 217pp £80 (ISBN 9781)
This is an interesting and unusual analysis of the US Constitution. The author’s approach is based on the writings of Georges Dumézil, an anthropologist. Dumézil maintained that a tripartite structure is inherent in most human cultures. He demonstrated this by reference to various Indo-European societies and pre-Columbian Mayan communities. In France, under the Ancien Regime, the three Estates aligned perfectly with Dumézil’s hypothesis, although that ended with the French revolution of 1789. L. demonstrates that the three limbs of the US Constitution (legislature, executive and judiciary) fit into Dumézil’s tripartite analysis.
That analysis does not, however, stop there. L. observes that the Trojan War, as recounted by Homer, had a tripartite origin, namely the judgment of Paris. Poor Paris had to make an invidious choice between three goddesses: Hera, whom L. identifies with the executive; Aphrodite, who is identified with the legislature; Athena, who is identified with the judiciary. This analysis is interesting but may not convince all readers.
L. is on firmer ground when he comes to Plato’s tripartite concept of the soul. He identifies logos with the judiciary; thumos with the executive and eros with the legislature. In the Phaedrus, Socrates likens the logos element of the soul to a charioteer controlling two horses, appetite and emotion. In the same way the judiciary determines the boundaries of executive power and the limitations upon the legislature.
As L. points out, it was not inevitable that judiciary would have that gatekeeper role. Chapter 6 recounts the ardent debate between the framers of the constitution about the role of the judiciary and the question of judicial review. Alexander Hamilton argued for judicial review and a strong judiciary in Federalist Paper no. 78. This view was not shared by everyone. There was no express reference to judicial review in the Constitution. The US Supreme Court put an end to this debate in its seminal decision, Marbury v Madison (1803). The Court held that a power of judicial review was inherent in the Constitution and the Court exercised that power to overturn a decision of James Madison, the Secretary of State.
In chapter 6 L. highlights the parallel between Plato’s theory of soul and Freudian psychoanalysis. Freud divides the psyche into the three elements: id, ego and super-ego. The id comprises subconscious motives. The ego is our rational self which tries to control the id. Freud likens the ego to a man on horseback, who is holding in check the superior power of the horse. It is interesting that both Freud and Plato use the same analogy—something which this reviewer had never spotted before. In Freudian analysis, the super-ego is a societal force or historical tradition. It provides moral guidance to the ego.
Perhaps the most interesting part of the book is chapter 4, which discusses Montesquieu and his influence on the framers of the Constitution. Montesquieu travelled round Europe and studied the different forms of government. In The Persian Letters Montesquieu set out an entertaining imaginary dialogue between two Persians who were confused about events in Europe. One Persian says that the Pope is a magician who makes people believe that three are only one. Montesquieu’s main work is The Spirit of the Laws. This work emphasises the importance of separating the legislature, the executive and they judiciary. It describes despotism as the worst form of government: citizens fear the ruler. The best form of government, says Montesquieu, is a republic because its citizens love virtue. He also states that a republic cannot exist in a large geographic area, only a small one.
This point about geographic area was of great concern to the framers of the US Constitution. They were avid readers of Montesquieu, and they were engaged upon creating a republic in a large geographic area. This led to much study of the classical texts to see whether any of the ancient republics occupied a large area.
This book is fizzing with ideas and well worth a read. It contains sufficient about the classical world to appeal to classicists. It will also appeal to lawyers and anyone with an interest in American history.
Rupert Jackson