American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
When I refuse to obey an unjust law, I do not contest the right which
the majority has of commanding, but I simply appeal from the sovereignty
of the people to the sovereignty of mankind. It has been asserted that
a people can never entirely outstep the boundaries of justice and of
reason in those affairs which are more peculiarly its own; and that
consequently full power may fearlessly be given to the majority by which
it is represented. But this language is that of a slave.
A majority taken collectively may be regarded as a being whose opinions,
and most frequently whose interests, are opposed to those of another
being, which is styled a minority. If it be admitted that a man,
possessing absolute power, may misuse that power by wronging his
adversaries, why should a majority not be liable to the same reproach?
Men are not apt to change their characters by agglomeration; nor
does their patience in the presence of obstacles increase with the
consciousness of their strength.[184] And for these reasons I can never
willingly invest any number of my fellow-creatures with that unlimited
authority which I should refuse to any one of them.
I do not think it is possible to combine several principles in the same
government, so as at the same time to maintain freedom, and really to
oppose them to one another. The form of government which is usually
termed _mixed_ has always appeared to me to be a mere chimera.
Accurately speaking, there is no such thing as a mixed government (with
the meaning usually given to that word), because in all communities some
one principle of action may be discovered, which preponderates over
the others. England in the last century, which has been more especially
cited as an example of this form of government, was in point of fact
an essentially aristocratic state, although it comprised very powerful
elements of democracy: for the laws and customs of the country were
such, that the aristocracy could not but preponderate in the end, and
subject the direction of public affairs to its own will. The error arose
from too much attention being paid to the actual struggle which was
going on between the nobles and the people, without considering the
probable issue of the contest, which was in reality the important point.
When a community really has a mixed government, that is to say, when it
is equally divided between two adverse principles, it must either pass
through a revolution, or fall into complete dissolution.
I am therefore of opinion that some one social power must always be made
to predominate over the others; but I think that liberty is endangered
when this power is checked by no obstacles which may retard its course,
and force it to moderate its own vehemence.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account