American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
A privileged body can never satisfy the ambition of all its members;
it has always more talents and more passions than it can find places to
content and to employ; so that a considerable number of individuals
are usually to be met with, who are inclined to attack those very
privileges, which they find it impossible to turn to their own account.
I do not, then, assert that _all_ the members of the legal profession
are at _all_ times the friends of order and the opponents of innovation,
but merely that most of them usually are so. In a community in which
lawyers are allowed to occupy, without opposition, that high station
which naturally belongs to them, their general spirit will be eminently
conservative and anti-democratic. When an aristocracy excludes the
leaders of that profession from its ranks, it excites enemies which
are the more formidable to its security as they are independent of the
nobility by their industrious pursuits; and they feel themselves to be
its equal in point of intelligence, although they enjoy less opulence
and less power. But whenever an aristocracy consents to impart some of
its privileges to these same individuals, the two classes coalesce very
readily, and assume, as it were, the consistency of a single order of
family interests.
I am, in like manner, inclined to believe that a monarch will always
be able to convert legal practitioners into the most serviceable
instruments of his authority. There is a far greater affinity between
this class of individuals and the executive power, than there is between
them and the people; just as there is a greater natural affinity between
the nobles and monarch, than between the nobles and the people, although
the higher orders of society have occasionally resisted the prerogative
of the crown in concert with the lower classes.
Lawyers are attached to public order beyond every other consideration,
and the best security of public order is authority. It must not be
forgotten, that if they prize the free institutions of their country
much, they nevertheless value the legality of those institutions far
more; they are less afraid of tyranny than of arbitrary power: and
provided that the legislature takes upon itself to deprive men of their
independence, they are not dissatisfied.[189]
I am therefore convinced that the prince who, in presence of an
encroaching democracy, should endeavor to impair the judicial authority
in his dominions, and to diminish the political influence of lawyers,
would commit a great mistake. He would let slip the substance
of authority to grasp at the shadow. He would act more wisely in
introducing men connected with the law into the government; and if he
intrusted them with the conduct of a despotic power, bearing some marks
of violence, that power would most likely assume the external features
of justice and of legality in their hands.
Public-domain text, read in full here on John Shaqi.
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