American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The special information which lawyers derive from their studies, ensures
them a separate station in society: and they constitute a sort of
privileged body in the scale of intelligence. This notion of their
superiority perpetually recurs to them in the practice of their
profession: they are the masters of a science which is necessary, but
which is not very generally known: they serve as arbiters between the
citizens; and the habit of directing the blind passions of parties in
litigation to their purpose, inspires them with a certain contempt
for the judgment of the multitude. To this it may be added, that they
naturally constitute _a body_; not by any previous understanding, or
by any agreement which directs them to a common end; but the analogy
of their studies and the uniformity of their proceedings connect
their minds together, as much as a common interest would combine their
endeavors.
A portion of the tastes and of the habits of the aristocracy may
consequently be discovered in the characters of men in the profession of
the law. They participate in the same instinctive love of order and of
formalities; and they entertain the same repugnance to the actions of
the multitude, and the same secret contempt of the government of the
people. I do not mean to say that the natural propensities of lawyers
are sufficiently strong to sway them irresistibly; for they, like most
other men, are governed by their private interests and the advantages of
the moment.
In a state of society in which the members of the legal profession are
prevented from holding that rank in the political world which they enjoy
in private life, we may rest assured that they will be the foremost
agents of revolution. But it must then be inquired whether the cause
which induces them to innovate and to destroy is accidental, or whether
it belongs to some lasting purpose which they entertain. It is true that
lawyers mainly contributed to the overthrow of the French monarchy in
1789; but it remains to be seen whether they acted thus because they had
studied the laws, or because they were prohibited from co-operating in
the work of legislation.
Five hundred years ago the English nobles headed the people, and spoke
in its name; at the present time, the aristocracy supports the throne,
and defends the royal prerogative. But aristocracy has, notwithstanding
this, its peculiar instincts and propensities. We must be careful not
to confound isolated members of a body with the body itself. In all
free governments, of whatsoever form they may be, members of the legal
profession may be found at the head of all parties. The same remark
is also applicable to the aristocracy; for almost all the democratic
convulsions which have agitated the world have been directed by nobles.
Public-domain text, read in full here on John Shaqi.
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