American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The institution of the jury, if confined to criminal causes, is always
in danger; but when once it is introduced into civil proceedings, it
defies the aggressions of time and of man. If it had been as easy to
remove the jury from the manners as from the laws of England, it would
have perished under Henry VIII. and Elizabeth: and the civil jury did in
reality, at that period, save the liberties of the country. In whatever
manner the jury be applied, it cannot fail to exercise a powerful
influence upon the national character; but this influence is
prodigiously increased when it is introduced into civil causes. The
jury, and more especially the civil jury, serves to communicate the
spirit of the judges to the minds of all the citizens; and this spirit,
with the habits which attend it, is the soundest preparation for free
institutions. It imbues all classes with a respect for the thing judged,
and with the notion of right. If these two elements be removed, the love
of independence is reduced to a more destructive passion. It teaches men
to practise equity; every man learns to judge his neighbor as he would
himself be judged: and this is especially true of the jury in civil
causes; for, while the number of persons who have reason to apprehend
a criminal prosecution is small, every one is liable to have a civil
action brought against him. The jury teaches every man not to recoil
before the responsibility of his own actions, and impresses him with
that manly confidence without which political virtue cannot exist. It
invests each citizen with a kind of magistracy; it makes them all feel
the duties which they are bound to discharge toward society; and the
part which they take in the government. By obliging men to turn their
attention to affairs which are not exclusively their own, it rubs off
that individual egotism which is the rust of society.
The jury contributes most powerfully to form the judgment, and to
increase the natural intelligence of a people; and this is, in my
opinion, its greatest advantage. It may be regarded as a gratuitous
public school ever open, in which every juror learns to exercise his
rights, enters into daily communication with the most learned and
enlightened members of the upper classes, and becomes practically
acquainted with the laws of his country, which are brought within the
reach of his capacity by the efforts of the bar, the advice of the
judge, and even by the passions of the parties. I think that the
practical intelligence and political good sense of the Americans are
mainly attributable to the long use which they have made of the jury in
civil causes.
I do not know whether the jury is useful to those who are in litigation;
but I am certain it is highly beneficial to those who decide the
litigation: and I look upon it as one of the most efficacious means for
the education of the people, which society can employ.
Public-domain text, read in full here on John Shaqi.
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