American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Again, the principles of the common law are flexible, and adapt
themselves to changes in society, and a well-known maxim in our system,
that when the reason of the law ceases, the law itself ceases, has
overthrown many an antiquated rule. Within these limits, it is conceived
that there is range enough for the exercise of all the reason of the
advocate and the judge, without unsettling everything and depriving the
conduct of human affairs of all guidance from human authority;--and the
talent of our lawyers and courts finds sufficient exercise in applying
the principles of one case to facts of another.--_American Editor_.]
The station which lawyers occupy in England and America exercises no
less an influence upon their habits and their opinions. The English
aristocracy, which has taken care to attract to its sphere whatever is
at all analogous to itself, has conferred a high degree of importance
and of authority upon the members of the legal profession. In English
society lawyers do not occupy the first rank, but they are contented
with the station assigned to them; they constitute, as it were, the
younger branch of the English aristocracy, and they are attached to
their elder brothers, although they do not enjoy all their privileges.
The English lawyers consequently mingle the tastes and the ideas of the
aristocratic circles in which they move, with the aristocratic interest
of their profession.
And indeed the lawyer-like character which I am endeavoring to depict,
is most distinctly to be met with in England: there laws are esteemed
not so much because they are good, as because they are old; and if it be
necessary to modify them in any respect, or to adapt them to the
changes which time operates in society, recourse is had to the most
inconceivable contrivances in order to uphold the traditionary fabric,
and to maintain that nothing has been done which does not square with
the intentions, and complete the labors, of former generations. The
very individuals who conduct these changes disclaim all intention of
innovation, and they had rather resort to absurd expedients than plead
guilty of so great a crime. This spirit more especially appertains to
the English lawyers; they seem indifferent to the real meaning of what
they treat, and they direct all their attention to the letter, seeming
inclined to infringe the rules of common sense and of humanity, rather
than to swerve one tittle from the law. The English legislation may be
compared to the stock of an old tree, upon which lawyers have engrafted
the most various shoots, with the hope, that, although their fruits may
differ, their foliage at least will be confounded with the venerable
trunk which supports them all.
Public-domain text, read in full here on John Shaqi.
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