monarch was not to be conflated with the private, (economic) power of a dominus. This distinction
is further supported by Catherine’s call to avoid reducing subjects to slaves. Not only would this
be detrimental to political liberty, but it would risk turning the state into the household and the
sovereign into a master.
Underlying the Nakaz’s discussion of monarchical power was the figure of the despot, a
major preoccupation of the political literature of the period. In this debate, Montesquieu was the
major authority of the age. Despotism, he argued, was a system of power, not a system of
sovereignty,
and its defining characteristics were the absence of fundamental laws and the
presence of a ruler who “governed alone according to his will and caprice.” While the Nakaz failed
to satisfy all of Montesquieu’s concerns (for example, it did not lay out a law of succession),
it
For more on the public and official nature of the modern sovereignty, see Martin Loughlin, The Idea of Public Law
(Oxford: Oxford University Press, 2003), 72-98. Blandine Kriegel, The State and the Rule of Law, trans. by Marc A.
LePain and Jeffrey C. Cohen (Princeton: Princeton University Press, 1995), 15-32; Michel Foucault,
“Governmentality,” in The Foucault Effect: Studies in Governmentality, ed. Graham Burchell, Colin Gordon, and
Peter Miller (Chicago: The University of Chicago Press, 1991), 87-105. Also, Quentin Skinner, The Foundations of
Modern Political Thought, vol. 2 (Cambridge: Cambridge University Press, 1978), 284-302, 349-60. Daniel Lee,
““Office is a Thing Borrowed”: Jean Bodin on Offices and Seigneurial Government,” Political Theory, 41: 3 (2013)
409-40. See Introduction for a detailed discussion of these and other sources.
Charles-Louis de Secondat de Montesquieu, The Spirit of the Laws, ed. A. Cohler, B. C. Miller, and H. S. Stone
(Cambridge: Cambridge University Press, 1989), 21. In this passage Montesquieu states that only republics and
monarchs, but not despotic states, wield “sovereign power.” In other words, despotism constituted a system of power,
but was not a system of sovereignty. This distinction is not an accidental feature of this passage, but runs through the
entirety of the Spirit of the Laws, thus it reflects something critical about Montesquieu’s classification. De Jaucourt’s
entry in the Encyclopédie, entitled “Despotism,” was heavily influenced by Montesquieu and it adopted the above-
mentioned distinction, characterizing despotism as a wielding an “autoritè despotique”, and limiting sovereignty to
monarchies, aristocracies, and democracies. “Despotisme” in Encyclopédie, ou dictionnaire raisonné des sciences,
des arts et des métiers, etc., ed. Denis Diderot and Jean le Rond d'Alembert. The University of Chicago: ARTFL
Encyclopédie Project (Autumn 2017 Edition), Robert Morrissey and Glenn Roe
(eds), http://encyclopedie.uchicago.edu/. 4: 888. In the Nakaz Catherine adopted Montesquieu’s taxonomy in order to
describe the Russian monarchy. If one consults Chapter 2 in the original French, one immediately sees that Catherine
defined the Russian monarchy as ‘Souveraineté’ (Art. 13), the Russian monarch as a ‘Souverain’ (Art. 9), and the
power that the state possessed as a ‘une autorité souveraine’ (Art. 10). For a discussion of Montesquieu’s despotism
as a system of power, see Sharon Krause, “Despotism in The Spirit of Laws,” in Montesquieu’s Science of Politics:
Essays on the Spirit of the Laws, ed. D. Carrithers, M. Mosher, and P. Rahe (Lanham, MD: Rowman & Littlefield,
2001), 231-71.
Catherine intended to promulgate a clear law of succession when the Legislative Commission had completed its
work on a new law code. See Aleksandr Kamenskii, The Russian Empire in the Eighteenth Century: Searching for a
Place in the World, trans. by David Griffiths (New York: Routledge, 2015), 214-5. Although the Nakaz made no
specific mention of a law of succession, it laid out the ground upon which one might be designed. Take for instance,
Chapter 18, entitled “Of Inheritances.” Speaking of the inheritance of private patrimony (nepodvizhnee nasledie), she
asserted that inheritance required “fixed inviolable law(s),” so that the “right Heir might be easily known,” and “no
Disputes or Complaints arise about it” (Art. 412). She also noted that the order of inheritance was not defined by the
law of nature, but according to “political and civil laws.” Although the chapter remained firmly focused on the issue
of the property of subjects, there is an implicit suggestion that the transferal of the monarch’s power also required
some equivalent fundamental law. Catherine worked on a new law of succession, which we know from a number of
political blueprints. One of these, written in the late 1760s, asserted that a law of a succession was demanded by the
“first article” of the Nakaz—the Christian law—, “from which all legislation should flow.” History demonstrated that
states lacking such a law saw power “falter” leading to the “division of the state” and its invasion or even “complete
destruction” by “barbarian hordes.” In this connection, she explicitly mentioned the fall of the eastern Roman empire,
though Russian readers would undoubtedly have recalled comparable moments in Russia’s own history, above all the
period of Mongol invasion, and more recently, the Time of Troubles in the seventeenth century. The document
proposed a new law, entitled “the Imperial Statue of Catherine II,” whereby the throne would pass to the monarch’s
oldest son, beginning upon her death with the succession of her son, Paul. Interestingly, she rejected regency, saying