Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
Some years ago several pious individuals undertook to ameliorate the
condition of the prisons. The public was excited by the statements
which they put forward, and the regeneration of criminals became a very
popular undertaking. New prisons were built, and for the first time the
idea of reforming as well as of punishing the delinquent formed a part
of prison discipline. But this happy alteration, in which the public
had taken so hearty an interest, and which the exertions of the
citizens had irresistibly accelerated, could not be completed in a
moment. Whilst the new penitentiaries were being erected (and it was
the pleasure of the majority that they should be terminated with all
possible celerity), the old prisons existed, which still contained a
great number of offenders. These jails became more unwholesome and more
corrupt in proportion as the new establishments were beautified and
improved, forming a contrast which may readily be understood. The
majority was so eagerly employed in founding the new prisons that those
which already existed were forgotten; and as the general attention was
diverted to a novel object, the care which had hitherto been bestowed
upon the others ceased. The salutary regulations of discipline were
first relaxed, and afterwards broken; so that in the immediate
neighborhood of a prison which bore witness to the mild and enlightened
spirit of our time, dungeons might be met with which reminded the
visitor of the barbarity of the Middle Ages.
Chapter XV: Unlimited Power Of Majority, And Its Consequences—Part II
Tyranny Of The Majority
How the principle of the sovereignty of the people is to be
understood—Impossibility of conceiving a mixed government—The sovereign
power must centre somewhere—Precautions to be taken to control its
action—These precautions have not been taken in the United
States—Consequences.
I hold it to be an impious and an execrable maxim that, politically
speaking, a people has a right to do whatsoever it pleases, and yet I
have asserted that all authority originates in the will of the
majority. Am I then, in contradiction with myself?
A general law—which bears the name of Justice—has been made and
sanctioned, not only by a majority of this or that people, but by a
majority of mankind. The rights of every people are consequently
confined within the limits of what is just. A nation may be considered
in the light of a jury which is empowered to represent society at
large, and to apply the great and general law of justice. Ought such a
jury, which represents society, to have more power than the society in
which the laws it applies originate?
Public-domain text, read in full here on John Shaqi.
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