“During the late 18th century a little-known philosopher and jurist, Gaetano Filangieri, was among the finest intellectuals of the Enlightenment and friend to Benjamin Frankly, who in his foundational work on the United States Constitution, related to and drew inspiration from Filangieri’s philosophy and from “The Science of Legislation”, the transatlantic bond between Filangieri and Benjamin Franklin was quite a special intellectual relationship for the Enlightenment era and what shaped modern Democracies.

Gaetano Filangieri was an influential Italian philosopher and jurist whose work significantly impacted Enlightenment thought in Europe and America. Born in 1753 in Naples, Filangieri’s intellectual journey was marked by a deep commitment to the principles of justice, rationality, and social welfare. His most notable work, The Science of Legislation (Scienza della Legislazione), published in several volumes between 1780 and 1786, outlined his vision for a legal and political framework that would promote the common good through enlightened governance.

Filangieri argued that laws should not merely reflect the whims of rulers or the arbitrary nature of power but must instead be grounded in reason and aligned with the needs of society. He emphasized that legislation should aim to protect individual rights while ensuring the welfare of the community. His belief in the necessity of rational laws led him to advocate for a systematic approach to governance, where legal structures would be crafted based on empirical evidence and moral principles. In The Science of Legislation, he wrote, “The aim of all laws is the happiness of mankind,” encapsulating his belief that law should serve the people, promoting justice and social harmony. Franklin’s friendship with Filangieri was founded on mutual respect and shared intellectual pursuits. Their correspondence began in the late 18th century when Filangieri was introduced to Franklin’s ideas and achievements through mutual acquaintances in the Enlightenment circles of Europe. Franklin, who was already a prominent figure in American intellectual and political life, admired Filangieri’s philosophical insights and his commitment to reforming society through rational legislation. In their letters, Franklin and Filangieri engaged in discussions about governance, ethics, and the role of law in society. Franklin was particularly drawn to Filangieri’s emphasis on the social contract and the idea that government must be accountable to the governed. Their exchanges reflected a shared belief in the importance of enlightened thought in shaping just governance. Franklin appreciated Filangieri’s ideas on the moral obligations of legislators, which resonated with his own views on civic duty and the ethical responsibilities of public officials. Filangieri’s influence on Franklin can be seen in Franklin’s approach to the Constitutional Convention. The idea of creating a government that balances individual rights with the needs of society echoes Filangieri’s philosophy. For instance, Franklin’s advocacy for the inclusion of the Bill of Rights in the Constitution can be traced back to Filangieri’s assertion that laws must protect individual liberties to promote social welfare. In The Science of Legislation, Filangieri argued that “the most perfect laws are those which allow men to live together in harmony and peace.” This sentiment is mirrored in the First Amendment’s guarantee of freedoms of speech, religion, and assembly, which Franklin championed as essential for a thriving democracy. Franklin’s commitment to these rights was evident when he argued for their inclusion in the Constitution, asserting that “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty without freedom of speech.” This emphasis on personal freedoms reflects the Enlightenment belief in the inherent dignity and worth of the individual. Moreover, Filangieri’s exploration of the relationship between education, law, and social progress was another aspect of his thought that influenced Franklin. Filangieri believed that an educated populace was crucial for the success of a democratic society, as informed citizens would be better equipped to participate in governance and hold their leaders accountable. Franklin shared this belief, as evidenced by his lifelong commitment to education, founding institutions like the University of Pennsylvania and advocating for public libraries. Franklin’s famous quote, “An investment in knowledge always pays the best interest,” reflects the shared understanding between him and Filangieri regarding the foundational role of education in fostering enlightened citizenship. Filangieri also grappled with issues of justice and equity, advocating for reforms that would address the needs of marginalized groups within society. He believed that laws should aim to eradicate poverty and injustice, reflecting a vision of governance that prioritizes the welfare of all citizens, not just the privileged few. This perspective influenced Franklin’s own social and political advocacy, particularly his efforts to address issues of inequality and promote civil rights. For example, Franklin was a prominent abolitionist, and his belief in the inherent rights of all individuals was consistent with Filangieri’s ideas about justice and the role of law in promoting social equity.

The friendship between Franklin and Filangieri exemplifies the transatlantic exchange of Enlightenment ideas that shaped modern democratic thought. Their correspondence allowed Franklin to incorporate European philosophical insights into the American context, ultimately influencing the development of the United States Constitution. In combining Filangieri’s theories with his own practical experiences, Franklin helped to create a governing framework that balanced individual rights with collective responsibilities, embodying the Enlightenment ideals of liberty, justice, and rational governance.

Gaetano Filangieri’s intellectual contributions and his friendship with Benjamin Franklin significantly shaped the philosophical underpinnings of the United States Constitution. Filangieri’s advocacy for rational legislation, social welfare, and the moral obligations of government resonated with Franklin’s own beliefs, influencing his actions at the Constitutional Convention. Their shared commitment to creating a just society through enlightened thought reflects the broader ideals of the Enlightenment, illustrating how their intellectual partnership transcended geographical boundaries and contributed to the foundation of American democracy.