American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
This predisposition has another effect upon the character of the legal
profession and upon the general course of society. The English and
American lawyers investigate what has been done; the French advocate
inquires what should have been done: the former produces precedents;
the latter reasons. A French observer is surprised to hear how often an
English or American lawyer quotes the opinions of others, and how little
he alludes to his own; while the reverse occurs in France. There, the
most trifling litigation is never conducted without the introduction
of an entire system of ideas peculiar to the counsel employed; and the
fundamental principles of law are discussed in order to obtain a
perch of land by the decision of the court. This abnegation of his own
opinion, and this implicit deference to the opinion of his forefathers,
which are common to the English and American lawyer, this subjection of
thought which he is obliged to profess, necessarily give him more timid
habits and more sluggish inclinations in England and America than in
France.
The French codes are often difficult of comprehension, but they can be
read by every one; nothing, on the other hand, can be more impenetrable
to the uninitiated than a legislation founded upon precedents. The
indispensable want of legal assistance which is felt in England and in
the United States, and the high opinion which is generally entertained
of the ability of the legal profession, tend to separate it more and
more from the people, and to place it in a distinct class. The French
lawyer is simply a man extensively acquainted with the statutes of his
country; but the English or American lawyer resembles the hierophants of
Egypt, for, like them, he is the sole interpreter of an occult science.
Public-domain text, read in full here on John Shaqi.
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