Heinz Eulau

Theories of Federalism under the Holy Roman Empire.

A fact little appreciated by American political scientists is the relatively early emergence of federalism as a working concept of political theory in the Holy Roman Empire of the seventeenth century. But although these federal theories run ahead of corresponding theories elsewhere, it must be pointed out that political and legal conditions peculiar to the medieval Empire retarded an even earlier appearance. For centuries, the constitution of the Empire had retained its feudalistic structure. Many conspicuous changes, however, had taken place in the course of its development and had filled that structure with an entirely different content. The main result of the Empires constitutional evolution had been its gradual transformation from an originally fairly unitary state into a federalistic organization of de facto sovereign states. It might be supposed, therefore, that the highly articulated territorial organization of the Empire would have easily served as fertile soil on which contemporary political theorists and jurists might have founded an elaborate theory of federalism.

Early Theories of Parliamentarism

In contrast to the numerous expositions and commentaries concerning the origin, history, and nature of the doctrine of the separation of powers, early theories of parliamentary government have failed to attract the attention of historians of political thought. This negligence arises from two factors which must not be under-estimated. In the first place, it is generally asserted that Walter Bagehot was the first to appreciate the true nature of parliamentarism. Indeed, the penetration and lucidity of his famous essay on the English constitution overshadowed earlier attempts to grasp theoretically the mechanism of parliamentary government. In the second place, historians of political theory have been less prone to trace the roots of the theory of parliamentarism than those of the doctrine of the separation of powers because parliamentary government, although gradually introduced into a number of countries in the course of the nineteenth century, was not reduced to writing in any organic law prior to the World War. The development of the theory of parliamentary government is, therefore, one of the most neglected chapters in the history of constitutional ideas. While the English to the end of the fifties of the last century looked upon and appraised their constitution through the eyes of Montesquieu, Blackstone, and De Lolme, continental theorists were busy in elaborating a new theory about the nature of the English constitution. The early history of parliamentary theory is determined, therefore, to no small extent by the way in which continental theorists observed and conceived the operation of English government. It was in France and Germany that the true nature of the English constitution was first discovered and a theory of parliamentarism formulated for the direct purpose of introducing the parliamentary system into those two countries.

Technology and the Fear of the Politics of Civility

Hyperbole is the trademark of writing on technology and its impact on human affairs.1 My indiscretion in using a mysterious or sensational title may be a case of epidemic infection. My intent, of course, is not to be mysterious or sensational. Rather, it is irony that I have in mind. Although technology is usually the manifest target, it is a fear of the politics of civility rather than of technology that pervades much contemporary writing on the social impact of technology. To irony must be added paradox. The politics of civility is feared not only by those who dislike technology, but also by those who see in technology the tool for curing the social problems that stem from its impact.