Cameron Miranda
Absolutism is a political system that grants a central authority total power. The most common form of absolutism is absolute monarchy, which originated in early modern Europe and was based on the strong individual leaders of the new nation-states. The laws of the state are considered expressions of the monarch's will, and their power is considered absolute and derived directly from God, according to the Divine Right of Kings theory. Free speech absolutists, on the other hand, believe that individuals should have the right to express themselves freely about matters related to self-governance without government interference. This idea of absolutism in free speech asserts that there are absolute principles in political matters, and it is considered an American idea. This raises the question: can governments pass laws based on expression in absolutism?
| Characteristics | Values |
|---|---|
| Form of government | Absolute monarchy |
| Basis of authority | Divine right of kings, natural laws, social contract |
| Powers | Legislative, executive, and judicial |
| Limitations | Natural laws, constitutions |
| Expression in Absolutism | Free speech, freedom of religion, press, and association |
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What You'll Learn
Free speech absolutism
Meiklejohn's interpretation of free speech absolutism did not extend to private speech about issues not of public concern. For instance, while individuals have the right to publish their views about a social issue, even if others may take offence, Meiklejohn did not believe that this protection extended to shouting casual abuse at someone on the street.
In the context of the United States Constitution, Meiklejohn's ideas on free speech absolutism justified the constitutional right to unfettered free speech. This right, as per Meiklejohn, should not be weakened or watered down to accommodate other social values.
Justices Hugo L. Black and William O. Douglas also developed and shared an absolutist approach to First Amendment freedoms. Justice Black, in particular, interpreted the history of the Bill of Rights literally, believing that the restrictions on the government contained in the First Amendment are unalterable.
Critics of the absolutist approach, however, argue that the First Amendment should be interpreted within the scope of the entire Constitution. They advocate for a balancing approach, suggesting that courts should weigh the competing social and individual interests in unfettered expression against legitimate social and individual interests in protection against obscenity, actual threats, and incitement to imminent lawless action.
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The First Amendment
Absolutism, in the context of the First Amendment, refers to the interpretation of the First Amendment's restrictions on government as absolute and unalterable. The First Amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press".
Justices Hugo L. Black and William O. Douglas developed and shared an absolutist approach to the First Amendment. Black's interpretation was based on a literal reading of the text, believing that the authors of the First Amendment meant exactly what they wrote. He argued that the Constitution guarantees absolute freedom of speech and press, viewing all obscenity and libel laws as unconstitutional. Black distinguished between speech, which was protected, and conduct, which was subject to regulation. For instance, he believed that falsely yelling "fire" in a crowded theatre was a form of conduct that should be prohibited. Black's absolutism was influenced by his suspicions of judicial power and his experiences as a US senator in the 1930s, when a conservative Supreme Court struck down much of Franklin D. Roosevelt's New Deal legislation.
Douglas agreed with Black's interpretation of the First Amendment but rejected his literalism. In Roth v. United States (1957), Douglas argued that the First Amendment was designed to prevent courts and legislatures from weighing the values of speech against silence, and that it forbade the abridgement of any form of expression, including sexually explicit materials. He feared that banning certain types of speech would shift the focus of the Bill of Rights from protecting individual liberty to enforcing social conformity.
Alexander Meiklejohn, a scholar, also advocated for an absolutist position, arguing that only the unfettered expression of politically relevant opinions and ideas can guarantee the intelligent self-governance of a democratic people. However, Meiklejohn and other scholars draw a distinction between political speech, which is granted stronger protection, and other forms of literary, philosophical, or artistic expression.
Critics of the absolutist approach argue that the First Amendment should be interpreted within the broader context of the entire Constitution. They contend that a balancing approach is necessary to reconcile conflicts between competing rights guaranteed by the Bill of Rights. This balancing approach weighs the interests of unfettered expression against legitimate social and individual interests, such as protecting against obscenity, actual threats of injury, and incitement to lawless action. The Supreme Court has consistently held that certain types of speech are not protected by the First Amendment and can be regulated when offsetting social or individual interests are at stake.
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Absolute monarchy
Absolutism was underpinned by a written constitution for the first time in Europe in 1665 with the Kongeloven, or 'King's Law' of Denmark-Norway. This law ordered that the monarch:
> "...shall from this day forth be revered and considered the most perfect and supreme person on the Earth by all his subjects, standing above all human laws and having no judge above his person, neither in spiritual nor temporal matters, except God alone."
Today, absolute monarchies include Brunei, Eswatini, Oman, Saudi Arabia, the individual emirates composing the United Arab Emirates, and the Vatican City State, which is ruled by the Pope.
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Divine right of kings
Absolutism, as a political system, refers to absolute monarchy, which originated in early modern Europe. It was based on the premise that the power of the new nation-states was closely associated with the power of their rulers. This form of government aimed to curtail the restraints on centralised authority previously exercised by the church, feudal lords, and medieval customary law.
The divine right of kings is a political doctrine that emerged in Europe during the medieval period and was bolstered by the Protestant Reformation. It asserts that kings derive their authority directly from God and are thus not accountable to any earthly power, including a parliament. This theory justifies absolute and unquestioned rule, suggesting that only God can judge or remove a king. Kings are viewed as God's lieutenants on Earth, with their power paralleling the spiritual authority granted to the church.
The origins of the divine right theory can be traced to the medieval conception of God's award of temporal power to political rulers. This idea was further developed by English Royalist Sir Robert Filmer in the 17th century, who interpreted Scripture to claim that Adam was the first king and that subsequent monarchs ruled as his heirs.
King James I of England (r. 1603-1625) was a prominent advocate of the divine right of kings. He proclaimed: "The State of MONARCHIE is the supremest thing upon earth: For Kings are not only GOD'S Lieutenants upon earth, and sit upon GOD'S throne, but even by GOD himself they are called GODS." James's son, Charles I (r. 1625-1649), continued to uphold this doctrine, leading to resistance from various religious factions and ultimately resulting in his beheading for "unlimited and tyrannical power."
The divine right of kings was also embraced by other European monarchs, such as Louis XIV of France, who reigned from 1643 to 1715. However, by the late 17th and 18th centuries, the doctrine began to lose credibility due to revolutions and wars, and many monarchs no longer held genuine religious beliefs in its tenets.
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Enlightened absolutism
Absolutism is a form of government where a single entity holds all power. The most commonly studied form of absolutism is absolute monarchy, which originated in early modern Europe. Here, the power of the state is closely associated with the power of the monarch.
The concept of enlightened absolutism was formally described by the German historian Wilhelm Roscher in 1847 and remains controversial among scholars. The most prominent practitioners of enlightened absolutism included Frederick II (the Great) of Prussia, Catherine II (the Great) of Russia, and Maria Theresa and her son Joseph II of the Holy Roman Empire.
The implementation of enlightened absolutism varied. For example, Frederick the Great was educated in the ideas of the French Enlightenment but was only able to maintain those ideas in his private life as an adult and was largely unable or unwilling to effect enlightened reforms in practice. Other rulers, such as the Marquis of Pombal, prime minister of Portugal, used the ideas and practices of the Enlightenment to enhance autocracy, suppress criticism, and advance their own power.
The eighteenth century was the age of enlightened absolutism in Russia and the German-speaking states. However, despite the influence of the Enlightenment, the results of enlightened absolutism were inconsistent at best. For example, Frederick supported religious tolerance in Prussia but was hostile to Jews. He abolished serfdom in the royal domains but left it otherwise untouched. Similarly, Joseph II of the Holy Roman Empire broadened religious toleration and tried to improve the legal status of peasants, but he ultimately faced strong opposition and deemed his efforts a failure.
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Frequently asked questions
Free speech absolutism is the belief that people should be able to express themselves freely about matters related to self-governance without any limitations being placed on speech by governments or the state.
The most common form of absolutism is absolute monarchy, which originated in early modern Europe and was based on the strong individual leaders of the new nation-states.
The most common defense of monarchical absolutism is the "divine right of kings" theory, which asserts that kings derive their authority directly from God.
In theory, governments in absolutist systems can pass laws based on expression, as their power is considered to be absolute and cannot be challenged or limited. However, in practice, the extent to which they can pass such laws may depend on the specific form of absolutism and the balance of power between the monarch and other entities, such as the nobility or parliaments.
Critics argue that free speech absolutism does not adequately protect against hate speech, obscenity, actual threats of injury, and incitement to imminent lawless action. They advocate for a balancing approach that weighs the values of free expression against legitimate social and individual interests.
