The Henry James novel The American (1877) is analyzed on the basis of a conflict between the twoforms of liberty, which Isaiah Berlin in the end of the 1950s designated as negative and positive. Theconcept of negative freedom is in this interpretation of the novel connected to a contrast between thestate and the clan. With starting point in Francis Fukuyama’s The Origins of Political Order (2011),and Mark S Weiner in The Rule of the Clan (2013), modern rule of law is in the analysis of the novelregarded as something radically different from clan society.Based on an understanding of the modern state as a guarantee for individual autonomy and liberty, inBerlin’s negative meaning, James depicts in The American, the problems of maintaining liberty, in thenegative sense, in a community organised around the clan.In the novel, the American protagonist Christopher Newman with his lack of prejudices represent forhis French fiancée Claire de Cintréa possible way to freedom. What Newman does, is to offer Claire theopportunity to move from the French aristocracy to the economically strong Americanbourgeoisie—from a kind of feudalism to capitalism. The proposed move coincides with thedevelopmental curve of the novel, which with respect to Claire runs from clan to state.In striking contrast to Newman’s optimized sort of freedom, where neither any internalized norms norany economic limitations prohibit the protagonist from acting in the way that he desires, Claire is thedaughter of a family that represents the old world, with all its limitations and restrictions on negativeliberty. In a highly concrete manner she is prohibited from acting as she wants. This is emphasized inthe question of who to marry.The analysis connects Claire’s family to the ultramontanists and legitimists circles of 19th centuryParisian aristocracy. The terms refer to the ultra-conservative and fiercely anti-liberal movements that,after the French revolution, turned against the modern state power that allegedly forced on the French Catholics secular values.Legitimism and ultramontanism are in the novel intimately connected to maintaining an organisationaround the clan. In contrast to the clan, rule of law, democracy and individual freedom is seen asconsequences of the framework of the modern, liberal state.