Foucault’s sense of the modern epoch finds Kant everywhere in the background. If, for Kant, nature appears to accommodate our needs, human reason nevertheless has a purpose beyond ourselves; nature’s purpose dictates our use of reason. Kant had us use reason to progress from savagery to animal husbandry and the cultivation of the land, mutual exchange, culture, and civil society. Better known are Smith’s four stages of human history: the Ages of Hunters, Shepherds, Agriculture, and Commerce. Set back by nomadic barbarians, Europe belatedly developed a novel society of independent nations, ever vigilant (and often enough at war), committed to improving their productive capabilities and reaping the benefits of commerce. Rationalization and positivism marked the final stage, which in turn required a positive legal order grounded in unimpeachable sources of law. These James Madison definitively articulated when he was U.S. secretary of state.
