CORRECTION DU DEVOIR SUR TABLE DE DECEMBRE 2011
Passage de Reflections on the Revolution in France de Edmund Burke

The text is built on the contrast between constitutional theory and constitutional practice. A lot of students saw that contrast but few managed to develop in a satisfactory way. Burke tries to say that constitutional theory is worthless if it hasn’t been tested in practice for several generations. In the realm of politics, practical results are far more important than political theory.

Burke, as always in the book, criticizes Richard Price and the members of the Revolution Society (whose name was in honour of the Glorious Revolution of 1688 and not of the French Revolution, although members of the Revolution Society were admirers of the French Revolution).

In this passage, Burke criticizes the fact that the men of the Revolution Society feel that “the rights of men” are enough as a basis for a constitutional order. One does not need the lessons drawn from the past (the “test of long experience” 3). Indeed, according to the Revolution Society, the rights of men should be the only basis of any Constitution. And since some aspects of the British Constitution are at variance with the principles of the rights of men (8-10), as defined by the French revolutionaries, the Revolution Society, Burke implies, would like to change the British Constitution, no matter how ancient or successful it may be (7-9).

Burke objects to basing the constitutional order on the rights of men. Not because he does not want men to have basic rights, but because the rights of men are an abstract notion (which is why he calls the members of the Revolution Society “speculatists” engaging in “political metaphysics”) that does not carry with it the guarantee that a constitutional order based on the rights of men in theory will enable citizens to enjoy basic human rights in practice.

In Burke’s view, when it comes to making sure that the people’s rights are preserved, only the practical method of procuring and preserving those rights should be considered. Theories have no power to enforce themselves. (This is the meaning of lines 12-15).

A commonwealth is a complex construct, for Burke. It is so complex that no one can confidently say that they fully understand what consequences any political action may have. Only time reveals what kind of constitutional construct is profitable (or damageable) for the commonwealth (17-21). This is why Burke says that “the science of constructing a commonwealth ... [is] not to be taught a priori. It is only a posteriori, with the passing of time (and a long time, too! see lines 26-27), that one can say which constitutional arrangements works and which ones do not. Experience over several generations is therefore more important that theory when it comes to judging the worth of a particular Constitution and its capacity to guarantee the rights of the people.

The British Constitution has been around for centuries and it “has answered … the common purposes of society” (28-29) to a “tolerable degree” (29). It may have flaws, but experience shows that it works and on the whole has been successful in preserving the people’s rights. Who can say with certainty, Burke implies, that a constitution based on the theory of the rights of men will be more successful in practice that the British Constitution has been? This is why Burke advises “caution” (28) before one starts “pulling down” a constitutional order that has stood the test of time.

It was important for students to see that Burke was not against the rights of men. And he does not say that a constitutional order based on the rights of men is bound to be bad. He simply says that there is no guarantee that such a constitutional order would be better than what Britain already has and that it may well be worse: “very plausible schemes, with very pleasing commencements, have often shameful and lamentable conclusions”. Since the British Constitution, whatever its flaws, has been working tolerably well, one would do better to keep it rather than pull it down and put in its place something that may end up being far worse.