American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Utility of discriminating the natural Propensities of the Members of
the legal Profession.--These Men called upon to act a prominent Part in
future Society.--In what Manner the peculiar Pursuits of Lawyers give
an aristocratic turn to their Ideas.--Accidental Causes which may check
this Tendency.--Ease with which the Aristocracy coalesces with legal
Men.--Use of Lawyers to a Despot.--The Profession of the Law constitutes
the only aristocratic Element with which the natural Elements of
Democracy will combine.--Peculiar Causes which tend to give an
aristocratic turn of Mind to the English and American Lawyer.--The
Aristocracy of America is on the Bench and at the Bar.--Influence of
Lawyers upon American Society.--Their peculiar magisterial Habits affect
the Legislature, the Administration, and even the People.
In visiting the Americans and in studying their laws, we perceive that
the authority they have intrusted to members of the legal profession,
and the influence which these individuals exercise in the government, is
the most powerful existing security against the excesses of democracy.
This effect seems to me to result from a general cause which it is
useful to investigate, since it may produce analogous consequences
elsewhere.
The members of the legal profession have taken an important part in all
the vicissitudes of political society in Europe during the last five
hundred years. At one time they have been the instruments of those
who are invested with political authority, and at another they have
succeeded in converting political authorities into their instrument. In
the middle ages they afforded a powerful support to the crown; and since
that period they have exerted themselves to the utmost to limit the
royal prerogative. In England they have contracted a close alliance with
the aristocracy; in France they have proved to be the most dangerous
enemies of that class. It is my object to inquire whether, under all
these circumstances, the members of the legal profession have been
swayed by sudden and momentary impulses; or whether they have been
impelled by principles which are inherent in their pursuits, and which
will always recur in history. I am incited to this investigation by
reflecting that this particular class of men will most likely play a
prominent part in that order of things to which the events of our time
are giving birth.
Men who have more especially devoted themselves to legal pursuits,
derive from those occupations certain habits of order, a taste for
formalities, and a kind of instinctive regard for the regular connexion
of ideas, which naturally render them very hostile to the revolutionary
spirit and the unreflecting passions of the multitude.
Public-domain text, read in full here on John Shaqi.
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