weber on city.pdf

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Northeastern Political Science Association Communitarian Citizenship: Marx &Weber on the City Author(s): Nancy L. Schwartz Source: Polity, Vol. 17, No. 3 (Spring, 1985), pp. 530-548 Published by: Palgrave Macmillan Journals Stable URL: http://www.jstor.org/stable/3234657 . Accessed: 05/06/2013 21:31 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . Palgrave Macmillan Journals and Northeastern Political Science Association are collaborating with JSTOR to digitize, preserve and extend access to Polity. http://www.jstor.org This content downloaded from 202.92.128.28 on Wed, 5 Jun 2013 21:31:08 PM All use subject to JSTOR Terms and Conditions

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Page 1: weber on city.pdf

Northeastern Political Science Association

Communitarian Citizenship: Marx &Weber on the CityAuthor(s): Nancy L. SchwartzSource: Polity, Vol. 17, No. 3 (Spring, 1985), pp. 530-548Published by: Palgrave Macmillan JournalsStable URL: http://www.jstor.org/stable/3234657 .

Accessed: 05/06/2013 21:31

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

Palgrave Macmillan Journals and Northeastern Political Science Association are collaborating with JSTOR todigitize, preserve and extend access to Polity.

http://www.jstor.org

This content downloaded from 202.92.128.28 on Wed, 5 Jun 2013 21:31:08 PMAll use subject to JSTOR Terms and Conditions

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Communitarian Citizenship: Marx & Weber on the City*

Nancy L. Schwartz Wesleyan University

The idea of citizenship once referred, among other things, to the sense of commitment a person felt toward his city. More recently, the nation-state, rather than the city, has been the one to claim that commit- ment. Yet, in many a state, citizens in substantial numbers are unwilling to give it their loyalty. Professor Schwartz asks if the experience of the city could instruct us in the essentials of citizenship. Taking her inquiry through the relevant writings of Marx and Weber, she proposes a con- cept of citizenship in which the citizen's relation to the polity is one of both appropriation and association, in which the polity is a public pos- session and fellow citizens are one's own.

Nancy L. Schwartz is Assistant Professor of Government at Wesleyan University. She is the author of numerous articles in professional journals.

The relative merits of choosing political representatives from at-large or single member geographical districts have recently been debated in cases before the United States Supreme Court. Beyond considerations of po- litical history and constitutional precedent, the issue might turn on one's conception of citizenship. For different conceptions of citizenship entail different political arrangements. A view of citizenship primarily as the "possession of private rights against the state and against other citizens" will, for example, call for different institutions from those required by a view that regards the citizen as a person "who shares the obligation to

* I am grateful to David Titus and Donald Moon at Wesleyan, and to Robert Pepperman Taylor of Rutgers, for their most helpful comments on an earlier draft of this essay.

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govern." 1 The recurring fiscal and social crises of American cities have induced some observers to assert that the city is primarily a market place and others to reassert that it is a polity. I will explore the idea of the city as a communitarian polity, a political community.

Citizenship was first an idea of the city. Classical western political theory arose out of city-states in ancient Greece, and treated citizenship as a status, a relationship, and an activity that could only occur in a certain setting.2 That setting was bounded by size-larger than the household, smaller than an empire; from a hill one had to be able to take in the city with one view.3 There was also another more stringent requirement-that the city be a self-sufficient unity, containing within itself the possibilities for a varied life.4 In his analysis of constitutional balancing, Aristotle assumed that a city would be a manifold of social interests and divisions existing in society at the time.5 Political life would then involve an ongoing contest between the claims (such as wealth, birth, number, merit) of different groups; it would also, if the earlier more heroic mode of Homer and Plato is retained, involve the service and claims of exceptional individuals. But that persons would make their claims in the spirit of citizenship, and not civil war, required two social preconditions: that the city be small enough so that one could come to know the political elite at first hand; and the city be diverse enough to constitute a social totality, so that the decisions taken there would be considered important and the place deemed worth preserving.

Social preconditions alone, however, do not make a city. Citizenship

1. Dennis Hale, "What Was Citizenship," in "American Political Science and the Meaning of Citizenship" (Ph.D. diss., City University of New York, 1977), ch. 1, pp. 21, 11, 29, 33. See also his essay, "The City as Polity and Economy," Polity (Winter 1984).

2. The root for the words city and citizen is the Latin civitas, as developed in Roman law. The ideas of the city and citizen are of earlier origin, in the polis and polites of ancient Greece. The Roman conception leads towards the liberal idea of citizenship as the possession of civil rights by an individual against the state (and potentially as part of a universal society). The Greek conception is more com- munitarian, stressing collective membership and individual participation in political office. See A. E. Zimmern, The Greek Commonwealth, 3rd. ed. rev. (Oxford: Ox- ford University Press, 1922); Raphael Sealey, A History of the Greek City States (Berkeley: University of California Press, 1976); H. Mark Roelofs, The Tension of Citizenship (New York: Rinehart & Co., 1957), ch. 3, esp. pp. 120-133; and Michael Walzer, "The Problem of Citizenship," in Obligations (New York: Simon & Schuster, 1970), pp. 205-206, 210.

3. Plato, The Laws. Robert Dahl and Edward Tufte, Size and Democracy (Stan- ford: Stanford University Press, 1973), pp. 13-15.

4. Aristotle, Politics, I, 1252b; VII, 1326b. 5. Ibid., III, 1280a-1283b.

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is basically a political relationship, requiring a specific attitude and a specific role. Plato's political philosophy sought to instill in people a consciousness of being responsible to a polity. Members of each social stratum had to learn to train their private wants on to public objects: the lower classes, from mere carnal appetite on to willingness to adhere to the communal division of labor; the upper classes, from the private desire for wealth or fame on to the military and civic glory of the city. The attitude of citizenship included a disciplining of desire and redirect- ing its energy toward the polis; a cultivation of affection for one's fellows as citizens. Whereas Plato's main institutionalization of these attitudes is a thoroughgoing system of education or paideia, Aristotle's constitu- tional theory captures the specifically political dimension of a citizen's role, "participation in ruling and being ruled." 6 The citizen receives both the honor and the burden of serving on public bodies: the juries, law courts, deliberative assemblies, and the military. The particular alloca- tion of these privileges and burdens, and the principles by which groups and individuals within the city settle it, concern the ongoing matter of justice. But once people have agreed to debate that question as citizens, justice's prior political condition has been met: the city exists.

Such cities have indeed existed, even if briefly, in ancient Greece, medieval northern Europe, early renaissance Italy, and colonial America. But more often cities have been absorbed into larger social systems, or ruled by more powerful political systems, or, they have simply disap- peared. Citizenship itself was not an issue through much of history. In the last three and a half centuries, it has been an issue at the national level-contested, sought after, yearned for.7 Yet, of late, the nation-state has been encountering difficulties in retaining the loyalties of its citizens. While the nation as a political society remains crucial for certain kinds of military and administrative action, it may well be that the nation-state is no longer the appropriate locus for the range of activities we call citi- zenship. If this is the case, we may have to reevaluate our political insti- tutions. We should then ask whether the political experience of the city can tell us anything useful regarding the conditions and essential ele- ments of citizenship.

6. Plato, The Republic; Aristotle, Politics, III, 1277a-b. Dennis Hale, op. cit., intro. and ch. 1, pp. 1-7, 8-80.

7. Since the English Civil War. Michael Walzer, The Revolution of the Saints (New York: Atheneum, 1970); C. B. Macpherson, The Political Theory of Possessive Individualism (London: Oxford University Press, 1962), ch. III; A. S. P. Woodhouse, ed., Puritanism and Liberty (Chicago: University of Chicago Press, 1951).

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I. Political Freedom and Social Necessity in the City

The question we ask lies at the intersection of politics and society, and so it should be instructive to see what the two main political sociologists of the past century-Karl Marx and Max Weber-have to say about the matter. While the bulk of both men's writings is devoted to explain- ing the dynamics of historical change in social and political systems, they relate these accounts to certain normative assumptions about what it means to be fully human. And while neither poses this issue in terms of citizenship, each makes certain assumptions about human freedom that are relevant to our inquiry here.

Whether a study of Marx and Weber with reference to citizenship ultimately results in a contrast or a synthesis is an open and exciting question. It has often been said that they represent two fundamentally opposed schools of thought in modem social science; a rather simplistic version being that Marx is a materialist and Weber an idealist. This is obviously inadequate, for Marx is at least a Hegelian-inspired dialectical materialist, and Weber is as immersed in historical sociology as he is influenced by Kant. Their avowed methodologies are, indeed, very dif- ferent. Yet, at a general level of theory, they are asking the same ques- tion: what are the possibilities for free and/or virtuous action, and how are these related to the more determined aspects of our lives, to the actual social structure of the world? Hence several recent historians and social theorists have tried to reconcile them. For instance, E. J. Hobs- bawm, agreeing with George Lichtheim, writes that "the sociological theories of Max Weber-on religion or capitalism or oriental society- are not alternatives to Marx. They are either anticipated by him or can readily be fitted into his framework." 8 Georg Lukacs and Jurgen Haber- mas have each tried, in different ways, to combine the Marxian analy- sis of capitalism with the Weberian analysis of bureaucracy, to produce a critique of the modem capitalist/bureaucratic state.9 But while both Marx and Weber see "formally free labor"-to cite one example of the similarities between them-as a distinctive and problematic aspect of modernity, each has quite a different understanding and explanation of the larger structure of which it is a part.

Marx's and Weber's treatment of the city as a social formation il- lustrates their differences. Marx sees the city as a part of larger social

8. E. J. Hobsbawm, Introduction to Karl Marx, Pre-Capitalist Economic Forma- tions, trans. Jack Cohen (New York: International Publishers, 1965), p. 17.

9. George Lukacs, History and Class Consciousness, trans. Rodney Livingstone (London: Merlin Press, 1971). Jurgen Habermas, Knowledge and Human Inter- ests, trans. Jeremy Shapiro (Boston: Beacon Press, 1971).

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structures which result from the basic characteristics of historical devel- opment: economic and social conflict, and specifically the class strug- gle based on production and property. The concept of a mode of production and the dialectical relation among its internal moments is used to analyze and interpret the city in its various forms. Weber, in contrast, treats the city as a distinct social phenomenon, develops its own ideal-typical concept, and then explores its diverse historical manifesta- tions. He is as interested in what constitutes a city as in what causes it; the definition of a city has unique and diverse, though logically related, elements. Insofar as he does generalize about causation, he gives pri- macy to political authority relations and their attendant administrative, military, and legal conflicts.

It is interesting to consider the city, then, in the context of their gen- eral theories. Yet the concept of the city raises some real problems for each theorist. I will argue that Marx, in dealing with the city in his posthumously published Grundrisse notebooks,'0 strains against the limits of his broad concept of property and emerges with an even broader formulation. And Weber, in his posthumous monograph on The City," pushes beyond his former typology of political legitimacy, and suggests another understanding. In analyzing what constitutes a city and its dis- tinctive social relation-citizenship-both theorists contribute to a com- munitarian theory of citizenship.

II. Marx: The City as a Set of Property Relations

Marx regards the city as an aspect of a larger social formation. There are ancient cities, feudal cities, and capitalist cities, each possessing the main characteristics of the predominant social formation; there is no city as such. He never defines it explicitly, except as a contrast to the coun- try. Its sole general characteristic would seem to be that it is a settlement of people who do not produce exclusively from the land.

The city is a major element in the social division of labor. Marx ob- serves that the social division between town and country arises soon

10. Karl Marx, Grundrisse: Foundations of the Critique of Political Economy (Rough Draft), trans. Martin Nicolaus (Harmondsworth, Eng.: Penguin Books, 1973) (cited as G in the text). Most of the passages relevant to our topic were published earlier in English in E. J. Hobsbawm, ed., Pre-Capitalist Economic Formations.

11. Max Weber, "The City: Non-Legitimate Domination" [Die Stadt], trans. Claus Wittich, in Economy and Society, 2 vols., ed. Guenther Roth and Claus Wittich (Berkeley: University of California Press, 1978) vol. 2, ch. XVI, pp. 1212-1372 (cited in the text as E&s).

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after the division between handicraft (later industrial) and agricultural labor, and it parallels and intensifies the division between mental and manual labor (GI 410, 443 ).12 He is aware that cities are not exclusively inhabited by craftsmen and notes that, in the ancient form, "economi- cally citizenship may be expressed more simply as a form in which the agriculturist lives in a city" (PC 79-80).13 In addition to these two socio-economic groups, a third is also crucial to urban life: commercial labor or the merchants (GI 446). As middlemen in an emerging or estab- lished money economy, they facilitate and profit from the exchange of products. The existence of cities shows that a society has moved from production for use to production for exchange, and that it has a surplus to spare.

Marx posits a permanent opposition, an antagonistic contradiction, between town and country, in which the dominant class in one arena will seek to extract the surplus from the other (GI 443). Whether town ex- ploits countryside or vice versa varies, depending on the primary form of property-holding in that historical era and on whether the dominant class in each arena is in the ascendancy or decline. In the ancient city, for example, the rural landowners at first maintain their domination through new forms of rule over the city and its communal property in slaves; only later does the growing class of urban artisans begin to gain economic and political power.

The dominant class in a city seeks to extract surplus from subordinate classes within the city. This dynamic may also occur within classes, so that the upper fraction of a class will exploit a lower fraction. In the medieval city, for example, the artisans of the upper guilds distinguished themselves from lower craft guilds, and they both cheerfully excluded the newly freed serfs from their membership, depriving them of social power and leaving them to be "the unorganized rabble" (GI 444; PC 117).

That cities are in an antagonistic relation to their external environ- ment while also being internally divided can lead to some interesting transient alliances. Often upper strata will ally with lower strata to de- feat the middle. Often, too, the lower strata will be used by powers ex- ternal to the city-rural nobility and nationalizing princes-to defeat the urban burghers. While Weber is better at examining the many coalition

12. Marx and Frederick Engels, "The German Ideology," in Loyd Easton and Kurt Guddat, eds. Writings of the Young Marx on Philosophy and Society (Gar- den City, New York: Doubleday Anchor Books, 1967), pp. 410, 443 (cited as GI in the text).

13. Marx, "Pre-Capitalist Economic Foundations," op. cit., pp. 79-80 (cited in text as PC).

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possibilities here, Marx does note a few in passing. For instance, the peasants, he says, ally with certain national rulers to break the burghers' economic stranglehold, hoping that they would thus improve their own lot.

Marx argues that no just balance acceptable to the different classes can ever be struck. The city, like the larger society, is unjust and un- stable. This is so both on normative and empirical grounds. First, the subordination of one class to another in economic, social, and political terms, results in the lower class's exploitation, alienation, and oppres- sion, all of which are unjust.14 Secondly, people's recognition of this in- justice leads them to challenge its stability. And thirdly, even if one class's domination of another were accepted as just, it would change in response to changes in the forces of production, leading to new class formations, which would then require new justifying ideologies of domination. Thus, viewing it from the perspective of his philosophy of history, Marx considers the city to be ever changing, necessarily under- going periodic civil wars. Only in the classless society, after the revolu- tion, would the unjust oppositions within the city, and between town and country, be overcome (GI 456-457).

Yet, there is another line of analysis in Marx which tends in a differ- ent direction that is particularly suggestive for our understanding of citi- zenship. Even on his own terms, it poses problems for his theory which I think he never resolves. For us, it provides openings.

Our first understanding of the Marxian analysis of the social forces which constitute and transform cities derives from the theoretical frame- work he and Engels developed in The German Ideology-the idea of a mode of production (GI 409-410, 413-414). In that scheme, there are three spheres of social life-forces of production, relations of produc- tion, and social consciousness-and these interact in specific if complex ways. The "forces of production" refer to the natural and social re- sources at hand, including the available technical knowledge and techni- cal division of labor. The "relations of production" are the social and legal relations of people to these resources, and to one another, specifi- cally, the social division of labor into classes and the laws of property. Finally, in the general area of "social consciousness" or ideology are those general ideas of the culture, from law and politics to art and every- day life, which further legitimate the mode of production (GI 421-422). In the engineering metaphor of base and superstructure, the forces and re-

14. See also, Andre Gorz, Strategy for Labor, trans. Martin Nicolaus and Vic- toria Ortiz (Boston: Beacon Press, 1969).

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lations are the base, and consciousness is the superstructure which arises upon and reflects the base.'5 Historical change occurs only when struc- tural changes occur deep in the base. But this is inevitably and continually occurring either due to internal developments in the base or because of changes in other levels which then impinge on the base. When the forces of production change, the old relations of production become dysfunc- tional and obstructive, and the newly emerging social classes begin to challenge them, either explicitly or simply by their very existence (GI 423, 430-431, 453-454; CM 12-13).16 Also, a self-conscious vanguard of the old ruling class may perceive the changes and come over to the side of the insurgent class (CM 17).

This is a clear and powerful model of historical change and it survives as a theory even where other parts of Marx's later theory (such as the labor theory of value and exploitation) run into trouble. Yet, Marx seems to abandon it in his later work, specifically in his magnum opus, Capital. There the distinction between forces and relations of produc- tion is blurred, as is the distinction between relations of production and social consciousness.'7 The independent and dependent variables are less clear; the division of labor in production may be what produces "formally free labor," but the idea of value in the sphere of circulation is also what produces the reality of universal or abstract social labor. (This is more explicit, although in an opaque manner, in his earlier Contribution to a Critique of Political Economy. [CCPE 45]) The sig- nificant shift in Marx's paradigm has led to Louis Althusser's analysis of his later work as a structural theory rather than as historicism, and surely to an extent this is true.18

The turning point in Marx's theoretical development between The German Ideology (1845-6) and Capital (1867) occurs in the Grundrisse notebooks (1857-8), and we can see this occurring in the passages on precapitalist forms of property and cities. As he struggles to define prop-

15. Marx, Preface to A Contribution to the Critique of Political Economy, trans. S. W. Ryazanskaya (New York: International Publishers, 1970), pp. 20-21 (cited as CCPE), and Capital, vol. I, ed. Frederick Engels, trans. Moore and Aveling (New York: The Modern Library, n.d.), p. 94 n (cited as c, I).

16. Marx and Engels, The Communist Manifesto, in Lewis Feuer, ed., Marx and Engels Basic Writings on Politics and Philosophy (Garden City, New York: Doubleday Anchor Books, 1959).

17. Etienne Balibar, "The Basic Concepts of Historical Materialism," in Louis Althusser and Balibar, eds., Reading Capital (New York: Pantheon Books, 1970), pt. III, pp. 212-215, 235. Marx, GI 421; Marx, ci, p. 397.

18. Louis Althusser, "The Object of Capital," in Althusser and Balibar, op. cit., pt. II, chs. 4, 5, and 9.

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erty more carefully and broadly, to encompass it in any historical era, he moves, I think, beyond his earlier definition and emerges with some- thing quite different.

Influenced by Hegel, Marx was never content to identify a thing as an entity in itself, and so from very early on he defined property as a rela- tion-between persons, and between persons and things. It was a social relation in which a person, as a member of a class, had the right to con- trol other persons and things in order to use their productive resources. Property was a relation which manipulated the productive labor of others; even property in things was ultimately control of the labor of others, labor which was embodied. Essential to this definition of prop- erty, and distinguishing it from other definitions, was the stress on labor and its control as the determining activity. There is an active dimension to the relation: labor exerts its powers and in so doing transforms the world.

In 1857-8, Marx moves to an altered notion of property, in which labor is not always its prime or determining activity. He now defines property as "the relation of the working (producing) subject... to one's conditions of existence as one's own" (PC 95, and 81, 87-88, 89, 92). The relation is still established by the activity of a "working" or "pro- ducing" subject, but the definition of what constitutes work or produc- tion has broadened considerably. Furthermore, the prerequisites or con- ditions of one's existence may be organic (such as social organization) or inorganic (such as tools), and one's existence includes not only pro- duction but reproduction (of the family, the culture, the social system) as well (PC 69). This is a broad conceptualization which can cover rela- tions as diverse as the ancient farmer's property in land and slaves, the ancient state's property in silver mines, the medieval artisan's property in tool and craft mysteries, and the modern industrial worker's property in his own labor-power.

But most significantly, it includes the ancient townsman's property in his city, in the community itself as a condition of his existence. Property is now defined as a process of appropriation, involving both an activity and an atttude, in which the attitude does not necessarily follow the ac- tivity but may precede it, and the activity need not depend exclusively on labor per se (PC 81, 69). In precapitalist cities, the attitude may be a belief in the origins of the city as divine, and the activity may be mili- tary service, fighting in war to preserve the city (PC 71). The relation of appropriation can commence with a receptive attitude, which accepts the world as it is, assumed as given, although the property relation must

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still be affirmed through an activity which seeks to preserve or affect that world.l'

If we follow Marx's discussion of city property, it leads again to the broader concept. Starting with the orthodox Marxian notion of property as depending primarily on laboring activity, we might say that true cities exist only where there is a co-existence of public and private property. In the two social formations where this is not the case, Marx barely mentions the cities-in the Asiatic mode of production, which he sees as characterized exclusively by public property, and at the other extreme, the bourgeois capitalist mode, where private property reigns supreme. But in the other two precapitalist social formations-ancient and medi- eval-there is a combination of public and private that makes cities more than "a mere multiplicity of separate houses" (PC 78).

The ancient city exists as a "being-together" [Verein] and the medi- eval city as a "coming-together" [Vereinigung] (G 483; PC 78). Both exist in definite distinction to, yet in relation with, the countryside. (This contrasts with what he considers to be the "undifferentiated unity" of town and country in the oriental mode of production.)20 The ancient city is a "real unity," and the medieval city is a "true associa- tion" (PC 78, 80; GI 444); the difference between them being that the ancient city is an economic as well as a political whole while the medi- eval one is not.

The ancient city defines the rural territory of its citizen landowners as part of itself, so that the rural land and houses as well as the urban houses and market are part of city districts (PC 71). How this happens historically is complicated and not our main concern. Suffice it to say here that while kinship groups originally join to form cities, they later regroup for military purposes in the new administrative unit, the deme (PC 71-72, 76-77). While the demes use the language of family, the phyle or tribe, these are now political units, based on territory and func- tion rather than solely on ancestral descent. The actual history aside, what results conceptually or structurally is a political community in which the city is believed to exist prior to its individual members, in

19. Theoretical opening: might not there be other kinds of socio-political activi- ties which would establish this relation? It is even possible, and here I go out on a limb, that for the postcapitalist society Marx could envisage a passive almost contemplative relation of appropriation.

20. Marx considers the large city in "Oriental despotism" to be "merely a princely camp, superimposed on the real economic structure" of agriculture and manufacture in smaller, self-sustaining communities (PC 77-78, 70).

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which one has to be a citizen before one can own property, and in which communal property is deemed prior to private ownership (PC 73).

The medieval city, in contrast, does not include rural territory in its borders, and hence exists in a much more uneasy relation to the country. The Germanic city, as Marx characterizes it, first consists of rural house- holders who own private property in land, who then choose to come to- gether for certain specific communal purposes and define certain prop- erty as communal-shared pasture and hunting grounds, city walls, and market (PC 77-78). Private ownership thus exists prior to communal proprietorship (PC 79). In this city's later development, the urban burghers are completely separate from the land, and they associate to- gether in their positions as individuals to form a communal association. The association comes to be a grouping more inclusive for the burghers than it was for the nobles, encompassing more aspects of their lives. Yet the city is still not a social totality, for its economic life is lived in oppo- sition to, and at the expense of, the countryside.

What, then, is the relationship of property to urban citizenship? In the ancient city, citizenship is sometimes a precondition to owning pri- vate property; in the medieval city, private property is a precondition to becoming citizens. We might say that sometimes the community medi- ates the individual's relation to property, and at other times the individ- ual's property mediates the community's existence. In fact, the language of mediation is inadequate. It seems that in its stead, Marx, almost de- spite himself, approaches another position: membership in the com- munity is itself one form of property-holding. Membership, first in the tribe, later in the city, constitutes the property relation (PC 90-91). Urban citizenship is an appropriation relation, a holding of public prop- erty.2 Whether this property in the public thing (res publica) is con- sidered to predate the individual proprietorship (ancient Greece) or

21. Production, the aim of the property relation, assumes a broader meaning. It includes not only the making of material goods and cultural artifacts, but also the manufacture of a political good-citizenship itself. "Among the ancients we discover no single enquiry as to which form of landed property, etc. is the most productive, which creates maximum wealth. Wealth does not appear as the end of production, although Cato may well investigate the most profitable cultivation of fields, or Brutus may even lend money at the most favorable rate of interest. The enquiry is always about what kind of property creates the best citizens. Wealth as an end in itself appears only among a few trading peoples.... Thus the ancient conception [is one] in which man always appears (in however narrowly national, religious, or political a definition), as the aim of production" (PC 84). What this broadening does to the specificity of Marx's concept of property and production-as covering discrete phenomena which can then be asserted to have definite roles in social causation-is another question.

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postdate it (Middle Ages), it is in both cases a "relation to the condi- tions of one's existence as one's own."

m. Weber: The City as a New Kind of Legitimacy Relation

Weber writes that the city is "above all constituted, or at least inter- preted, as a fraternal association" (E&s 1241). It is "actually a revolu- tionary usurpation of rights" (E&s 1250) whose essence is that it is a "usurpatory urban confraternization" (E&s 1259).

In these statements there is already a clear contrast to Marx, both in substance and methodology. Weber considers the city to be a distinct social formation which, while existing in the context of different histori- cal systems, also has a nature of its own. It is not merely an aspect of a larger system, and it can be said to have a set of "ideal-typical" charac- teristics which logically cohere in its purest form. Thus Weber will estab- lish the characteristics of the city as such and then make comparisons between, say, the ancient Greek polis and the renaissance Italian city, and contrast these with the medieval Germanic city.22

Weber's method allows him to establish an ideal-type of social for- mation because he believes that social action comprehends the self- understanding of actors as well as more objective structures of the world, and that these combine logically into a social whole (E&s 4, 20).23 The unique insight of Weber's verstehen method is that the self-understand- ings of the actors are themselves based on a kind of "social objective reality," the socially shared expectations that certain acts have come to have certain symbolic meanings in a culture (E&S 13-18). It follows that if the social scientist wants to explain how a certain social formation came into being, he has to give an account of both what it meant to the people involved and what social factors precipitated and encouraged such an understanding (E&s 11-12). And Weber, unlike Marx, will not take the next step to the assertion that people's self-understandings are a "false consciousness," masking the reality of things.

Now it is true that some interpreters read Weber as also having an underlying philosophy of history which explains the real meanings of people's actions through time. Karl Lowith, for example, sees Weber as the theorist of the increasing rationalization of the world, in which social systems, systems of thought and action, inevitably and inexorably tend

22. Marx, in contrast, would attack such comparisons as ahistorical (or would do so at least in his published work).

23. Weber, "Basic Sociological Terms," in Economy and Society [E&s], Roth and Wittich, eds., op. cit., vol. I, pt. 1, ch. I, esp. pp. 4, 20.

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towards shedding their magical elements and acquiring the attributes of modern technical rationality. Here, Weber's deeply held Kantian belief in moral autonomy is seen as a value commitment which can only lead to an unmasking of all other ties that bind human communities.24 Yet while there may well be an implicit attraction, as well as an underlying worry, about the "iron cage," 25 I think it is an exaggeration to make it the essence of his work. For surely the burden of his explicit methodo- logical and comparative writings is to argue that there are a variety of ways in which people have constructed the social world, and they con- tinue to involve several different, and equally valuable, kinds of rational- ity.26

Weber's monograph on The City exhibits these complexities. On the one hand, it is part of his life-long investigation into the origins and significance of modernity. He seeks an "understanding of the character- istic uniqueness of the reality in which we move" and also an explana- tion of "the causes of its being historically so and not otherwise." 27 As such, one of his purposes in the essay is to examine the ways in which the historical formations he labels cities have either contributed to, or hindered, the development of modem society and polity. On the other hand, he is fascinated by the historical uniqueness of the city, with its particular combination of modern and pre-modem traits, which do not necessarily tend in any particular historical direction. Thus he sees the city also as a rare and ephemeral, though recurrent, entity.

These cities exist within larger social formations which, according to Weber, are distinguished not by their modes of production but by kinds of political legitimacy. He specifies three main bases of political author- ity-tradition, charisma, and rational-legal criteria-and elaborates a theory of the administrative arm-bureaucracy in its different forms-

24. Although Lowith himself then recaptures reciprocity in a most interesting way. Karl Lowith, "Weber's Interpretation of the Bourgeois-Capitalistic World in Terms of the Guiding Principle of 'Rationalization'" in Dennis Wrong, ed., Max Weber (Englewood Cliffs, N.J.: Prentice-Hall, 1970), pp. 101-122.

25. Weber, The Protestant Ethic and the Spirit of Capitalism, trans. Talcott Par- sons (New York: Charles Scribner's Sons, 1958), p. 181.

26. See, for example, Weber, "Politics As A Vocation," in From Max Weber, ed. H. H. Gerth and C. Wright Mills (New York: Oxford University Press, 1958), pp. 118-119, 123, and "The Sociology of Religion" and "The Sociology of Law," in E&S, vol. 1, pt. II, ch. VI and vol. 2, ch. VIII, esp. pp. 656-657. See also Nancy L. Schwartz, "Max Weber's Philosophy," Yale Law Journal 93, no. 7 (June 1984): 1387-1389, 1396.

27. Weber, "'Objectivity' in Social Science and Social Policy," in The Meth- odology of the Social Sciences, trans. and ed. Edward A. Shils and Henry A. Finch (New York: The Free Press, 1949), p. 72.

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which accompanies each of them (E&S 212-301).28 He also develops a typology of society's structure which gives more importance to status groups than to social classes (E&S 926-940);29 and he distinguishes be- tween kinds of economies, notably the oikos or household versus the market and the planned economy (E&S 63-113). For Weber, these kinds of economy and society and polity can exist in innumerable com- binations one with another, although some are more perfect fits than others. The crucial difference from Marx, of course, is that Weber re- gards neither the economy nor the society as determinative of all other social phenomena. If anything, the polity, or more specifically, the power struggle between a political leader and his administrative staff, is most influential (E&S 264).30 Other factors are of importance insofar as they are used to advance the political power of an individual, status group, social class, political party, or state. Historical change is caused by the power struggle between these actors, and it is a struggle of which the people involved are not unaware.

The city, then, exists within these larger social formations, yet in a distinctive way: it is politically autonomous. While intricately connected with the larger economy and society, it forges its own political inde- pendence. Weber labels the political condition of the city as "non-legiti- mate domination," which I think can be interpreted in two ways. He is explicit about the first meaning: in its origins, leadership groups in the city contest the political legitimacy of the systems of rule which came before and seize power on new terms (E&S 1239, 1250, 1302). Thus, for example, in an early stage of city formation, urban aristocrats chal- lenge rural nobles, and at a later stage, urban artisans exile urban mag- nates. Unlike Marx, Weber sees these not as class but as status forma- tions: new groups of honoratiores, based on militarily and politically acquired characteristics, arise and challenge older formations. They usurp power and establish new regimes in which their monopoly on the legitimate use of violence is not fully secure.

The second meaning of "non-legitimate" is not explicit, but it is sug- gested, I think. It has to do with what the new types of legitimacy actually are. In the two examples mentioned above, we can fit each development into Weber's original typology of legitimacy: in the first,

28. Weber, "The Types of Legitimate Domination," in E&S, vol. 1, pt. I, ch. III, pp. 212-301.

29. Weber, "The Distribution of Power Within the Political Community: Class, Status and Party," in E&S, vol. 2, ch. IX, sec. 6, pp. 926-940.

30. Weber, "Sociological Categories of Economic Action," in E&S, vol. 1, pt. I, ch. II, sec. 1-14, pp. 63-113.

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traditional authority is being challenged, in the second, group charisma is challenged. But what form of legitimacy replaces them? Here Weber himself moves onto new ground, and he never ventures to summarize it. The legitimacy of the city has some rational-legal elements which are indeed new, but they are not comprehensive. Too many particularistic elements remain. We might fit the city into Weber's fourth category, a subtype which he elsewhere suggests to account for the authority of modern mass democracy: "charisma inverted in an anti-authoritarian direction" (E&s 266-267). Yet in some ways, Weber is here pressing up against the limitations of that formulation, and emerging with another kind of legitimacy.

Citizenship is the new form of legitimacy produced by the ideal- typical city. By ascribing a certain status to those who are empowered to share in political rule, the city names a new basis for the justice and stability of a government. It is a type of legitimacy that goes beyond the relation of the leader to his administrative staff, but it is not so broad as to encompass his relation to the masses. It concerns the political ex- ecutive's relation to a political "staff" that is now broadly conceived to include the body of "citizens" entitled and obligated to hold office, both civil-executive, legislative, judicial-and military. There is thus a type of legitimacy for the city as such-based on the granting of citizenship -regardless of whether particular regimes in the city define citizenship by oligarchic or democratic criteria. That there is one overall standard for the city is evident in his discussion of those types of regimes- tyrannies and signories-which are illegitimate on the city's own terms. The city's own terms are those of respecting the power of a body of citizens, however that body is defined.

What constitutes the ideal-typical city, and how does it produce the new legitimacy of citizenship? Weber derives five main characteristics from his historical survey of ancient and medieval, patrician and ple- beian, cities which he then applies to the actual formation he considers to be the city at its height: the plebeian medieval urban commune. To be a city, it must have (1) a market, (2) a fortress, (3) its own law and its own administration of law, and (4) a related form of association. These four conditions lead the city to have (5) a degree of political and administrative autonomy (E&S 1226, 1322-1333).

A city is, first, an economic market, a distinct center for the exchange of goods and services (E&s 1212-1220, 1256, 1359). It must be a cen- ter for trade, whether between individual households, patrimonial house- holds, economic enterprises, or political bodies. Since the introduction of money, this has meant that at times cities were inhabited primarily by debtors (peasants, the "agrarian burghers" of antiquity); at other times

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by creditors (the urban burghers of the middle age) (E&S 1261, 1270).31 The city must also have an urban economic policy (E&S 1328). It must have its own set of market rights, taxes, tariffs, and craft regulations, for

example, to ensure the continuance of its market. While at times it may make a city stronger to have the productive enterprises within its bor- ders, at other times this has not been the case. As long as the city is skill- ful and powerful enough to "exploit the economic opportunities" (E&s 1329) that lie outside its borders, their incorporation is not necessary. Weber also notes, in another departure from Marx, that this need not

always involve one-way exploitation by the city of rural interests (E&S 1331, 1333). What is required is that the city maintain itself as a com- mercial center.

The city is, secondly, a fortress, a defensible place which can main- tain a degree of military autonomy (E&s 1220-1223, 1323). It may also have a garrison, and if that is extensive enough (as at Sparta), it will not need the city walls (E&S 1221, 1359-1360). Historically, cities have fortified themselves in different ways-from the urban castles of the no- bility, to the self-equipment of troops via "peasant levies, knightly armies, and burgher militias" (E&s 1261-1262, 1222-1223). Weber writes that "the oldest specifically civic burdens are guard and garrison service" (E&S 1221). Needless to say, this has special significance in a

theory that defines the sine qua non of state political power to be "mo-

nopoly of the legitimate use of physical force." 32 The ways in which cities change to meet their military needs is crucial to their political com- plexion; Weber shows how each city at some point redefines the basic units of association away from kinship (ancient) or occupational group- ings (medieval) to new territorial and/or military-administrative func- tional units, and thus paves the way for individuality as a legal status, as we will see. The most intriguing example of this is ancient Greece, where, as Marx and Engels also note, the city constitution reassembles the family groupings into what it calls "tribes" in each deme, the new administrative district; yet, these tribes are really artificial creations of the city (E&S 1244-1246, 1286, 1311). Military training for a civil mi- litia has consequences, far beyond war, in politics and culture. It may

31. Additionally, cities may be primarily "producer" cities-the artisan com- munes of the late medieval/early renaissance-but for Weber this is not essential to the definition of a city (E&S 1341, 1350). Compare Henri Pirenne on this point, who specifies that a true city-at least a medieval one-has to be an industrial as well as a commercial unit. Pirenne, Medieval Cities (Princeton: Princeton Uni- versity Press, 1969), pp. 212, 189.

32. Weber, "Politics As A Vocation," in Gerth and Mills, eds., From Max Weber, p. 78.

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foster the agonal spirit, from the contests in the gymnasium to the con- tests of dialectical speech (Athens), although it also may not (Sparta, Rome) (E&S 1367-1368). But in all cases, military service keeps the citizens involved in "the political fate of the city" (E&S 1319), which concern fades when only burgher interests hold sway.

A city must also have its own law ana its own judicial administra- tion (E&S 1325-1327). Whereas Asian cities had only fortresses and markets, the Occidental city also has a separate urban law and a sepa- rate legal status for its citizens (E&S 1227-1229). Urban law specifies that property is alienable and that persons are free. But the condition that a city have its own body of law is more important than the content of the law. Thus in certain matters urban law may have more "irra- tional," and in others more rational, elements than the law of the larger society (E&S 1254). An interesting example here is that of English cities whose pre-modern precedent-bound common law proved more condu- cive to "capitalist stirrings" than did the more universalistic legal rules of Roman law elsewhere (E&S 976-7). Urban law, then, can develop in its own idiosyncratic fashion, to cover matters relating to land, taxes, crimes, courtroom procedure, and, most significantly, the legal status of persons (E&S 1237-1241, 1327-1328). Even where a larger political entity keeps jurisidiction, for example, of capital offenses, it is essential that the city have its own lay judges, chosen from its midst, to administer and enforce the law (E&S 1325-1326). Thus the political condition of the city requires at least some degree of autonomy.33

But what is most distinctive about the city is its form of association, the quality of the relations among its citizens. The city is "beyond all this also a sworn confraternity" (E&S 1248) in which the members bind themselves one to another in a collective body. Through a series of insti- tutional practices, a diverse collection of people who had previously been strangers, immigrants to this new and alien place, now become known to each other. There is a ritual joining of people as symbolic brothers, implicated in the fate of others. The rituals include those of "connubium, commensality and solidarity against non-members" (E&s 1241). The cultic meals and ceremonies which reaffirm the association always have religious symbolism drawn from the dominant culture, but Weber wants to stress that at heart they are not religious but specifically secular and civic affirmations (E&S 1246-1247). In fact the urban con- fraternity-whether expressed in the Greek prytaneion, the common city

33. The city can have some legal autonomy even in the modem national situ- ation. Gerald Frug, "The City As A Legal Concept," Harvard Law Review, 93, no. 6 (April 1980): 1057-1154.

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cultic meal, or the sworn city unions of the Germanic confraternitates or the Italian coniuratio-is posited precisely in distinction to the other ties of family, occupation, or religion (E&s 1228, 1242, 1257, 1334). Yet, too, in a complicated way, civic brotherhood does not completely supplant these prepolitical ties, for it affirms them as its precondition and its contrast.

The result is a peculiar mixture of modern and premodem practices that make the essence of the city. In its fully developed form, the city treats persons as individuals with "religious and secular equality before the law" (E&S 1241). In ancient Greece, and at times in medieval Italy, there are gradations of rights among citizens, but their political equality is still the dominant tendency, especially in distinction to noncitizens and foreigners (E&S 1310-1311). The special law for the urban burgher sees him as an individual with "a subjective right to an objective law" (E&S 1249). Yet we do not find the characteristics of the individual fac- ing modern bureaucracy. For these citizens are part of a collectivity which has a unique corporate status and which is defined as different from other such collectivities, not necessarily fitting under universal rules (E&S 1228-1229, 1240). It is a membership in this place, with this his- tory, with these people, who have the capacity for self-rule.

In sum, these four characteristics-market, fortress, autonomous law, and confraternity-make a city politically autonomous or at least par- tially so. The city exists in its economic as well as its "politico-adminis- trative" concept; it exists as Gemeinde, a community (E&S 1220).

IV. Citizenship as a Relation of Appropriation and Association

We must still ask how people in the city come to feel like citizens. What makes them wholeheartedly join that confraternity; why would they ever assume the burdens and risks of citizenship?

Marx and Weber give rather different explanations of this, and not the ones you would expect. Neither, of course, is a social contract the- orist postulating the proverbial meeting under the oak tree in a Rawlsian original position. Each is a political sociologist, trying to account for what actually happened. But both do grant that one of the things that did happen is that, at certain brief times in history, people believed in the status of citizenship.

For both Marx and Weber, the motives of the people founding cities were different from the meaning which citizenship later acquired. The origin of cities are found in material interests; for Marx, opportunities of economic exploitation; for Weber, military and economic, and more broadly, power opportunities. Even Weber admits that the founding of

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cities was generally a business undertaking. Yet both theorists also con- cede, even if with an element of wonder, that some rather sophisticated men came to believe in citizenship through another route (PC 84, E&S

1246, 1250). Their explanations for the transmission of this belief gen- erally refer to certain segments of the urban social structure, city men with property, who found it to be in their politico-economic interest to reclaim the idea from ancient Greece and Rome and develop it further in order to strengthen the city. In fact, since citizenship often involved a limitation of economic activity, Weber remarks that sometimes burghers did not want to join and were forced (E&S 1253). But once members, they came to honor the idea of citizenship.

The understanding of the structure of belief seems to hinge, in the case of both Marx and Weber, on the myth of an origin, the symbolic founding. Through the oath, the common city meals, and the offerings to the city deities, the urban member entered into a cultic community which had an historic existence. At this point Marx and Weber have two rather different accounts of the myth. Marx claims that the myth posits the origins of the city to be divine (PC 69, 73); Weber says the myth claims that the origins were in man's free will (E&s 1242-1243, 1285). It is perhaps ironic that in their respective analyses, each finds the opposite of his own intellectual predilections: Marx, the great sec- ular political theorist, finds others positing a belief in divine beings, and Weber, so attuned to the sociology of religion, downplays its influence and sees others stressing an historical event.34

It may well be that the role of citizenship involves the threefold hu- man condition of being determined, and free, and in contact with the divine. The myth of an origin is really about the final cause or the pur- pose of the association. If it is true that such a myth is crucial, there must be ways for the citizen to re-enact that founding, to make it real in his own life. One can conceive of a theory of political institutions in which participation by the citizen would be a way of recovenanting the

original purpose of the community. In this theory, drawing upon Marx and Weber, citizenship would be a relation of both appropriation and association. It would be a complex relation of rights and duties to a body conceived as a public possession, and a relation to one's fellow citizens as one's own.

34. Though there is an ambiguity in these Marx passages, (PC 69, 73) as well as in related Weber ones (E&S 1311, 1313).

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