American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
Through their means man acquires a kind of preternatural power over
the future lot of his fellow-creatures. When the legislator has once
regulated the law of inheritance, he may rest from his labor. The
machine once put in motion will go on for ages, and advance, as if
self-guided, toward a given point. When framed in a particular manner,
this law unites, draws together, and vests property and power in a few
hands: its tendency is clearly aristocratic. On opposite principles its
action is still more rapid; it divides, distributes, and disperses both
property and power. Alarmed by the rapidity of its progress, those who
despair of arresting its motion endeavor to obstruct by difficulties
and impediments; they vainly seek to counteract its effect by contrary
efforts: but it gradually reduces or destroys every obstacle, until
by its incessant activity the bulwarks of the influence of wealth
are ground down to the fine and shifting sand which is the basis of
democracy. When the law of inheritance permits, still more when it
decrees, the equal division of a father's property among all his
children, its effects are of two kinds: it is important to distinguish
them from each other, although they tend to the same end.
In virtue of the law of partible inheritance, the death of every
proprietor brings about a kind of revolution in property: not only do
his possessions change hands, but their very nature is altered; since
they are parcelled into shares, which become smaller and smaller at each
division. This is the direct, and, as it were, the physical effect
of the law. It follows, then, that in countries where equality of
inheritance is established by law, property, and especially landed
property, must have a tendency to perpetual diminution. The effects,
however, of such legislation would only be perceptible after a lapse
of time, if the law was abandoned to its own working; for supposing a
family to consist of two children (and in a country peopled as France
is, the average number is not above three), these children, sharing
among them the fortune of both parents, would not be poorer than their
father or mother.
But the law of equal division exercises its influence not merely upon
the property itself, but it affects the minds of the heirs, and brings
their passions into play. These indirect consequences tend powerfully to
the destruction of large fortunes, and especially of large domains.
Among the nations whose law of descent is founded upon the right of
primogeniture, landed estates often pass from generation to generation
without undergoing division. The consequence of which is, that family
feeling is to a certain degree incorporated with the estate. The family
represents the estate, the estate the family; whose name, together with
its origin, its glory, its power, and its virtues, is thus perpetuated
in an imperishable memorial of the past, and a sure pledge of the
future.
Public-domain text, read in full here on John Shaqi.
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