American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The government of democracy is favorable to the political power of
lawyers; for when the wealthy, the noble, and the prince, are excluded
from the government, they are sure to occupy the highest stations in
their own right, as it were, since they are the only men of information
and sagacity, beyond the sphere of the people, who can be the object of
the popular choice. If, then, they are led by their tastes to combine
with the aristocracy, and to support the crown, they are naturally
brought into contact with the people by their interests. They like the
government of democracy, without participating in its propensities, and
without imitating its weaknesses; whence they derive a twofold authority
from it and over it. The people in democratic states does not mistrust
the members of the legal profession, because it is well known that they
are interested in serving the popular cause; and it listens to them
without irritation, because it does not attribute to them any sinister
designs. The object of lawyers is not, indeed, to overthrow the
institutions of democracy, but they constantly endeavor to give it an
impulse which diverts it from its real tendency, by means which are
foreign to its nature. Lawyers belong to the people by birth and
interest, to the aristocracy by habit and by taste, and they may be
looked upon as the natural bond and connecting link of the two great
classes of society.
The profession of the law is the only aristocratic element which can be
amalgamated without violence with the natural elements of democracy, and
which can be advantageously and permanently combined with them. I am
not unacquainted with the defects which are inherent in the character
of that body of men; but without this admixture of lawyer-like
sobriety with the democratic principle, I question whether democratic
institutions could long be maintained; and I cannot believe that a
republic could subsist at the present time, if the influence of lawyers
in public business did not increase in proportion to the power of the
people.
This aristocratic character, which I hold to be common to the legal
profession, is much more distinctly marked in the United States and in
England than in any other country. This proceeds not only from the legal
studies of the English and American lawyers, but from the nature of the
legislation, and the position which those persons occupy, in the two
countries. The English and the Americans have retained the law of
precedents; that is to say, they continue to found their legal opinions
and the decisions of their courts upon the opinions and decisions of
their forefathers. In the mind of an English or an American lawyer, a
taste and a reverence for what is old are almost always united to a love
of regular and lawful proceedings.
Public-domain text, read in full here on John Shaqi.
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