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
This point deserves attention, for if a democratic republic similar to
that of the United States were ever founded in a country where the
power of a single individual had previously subsisted, and the effects
of a centralized administration had sunk deep into the habits and the
laws of the people, I do not hesitate to assert, that in that country a
more insufferable despotism would prevail than any which now exists in
the monarchical States of Europe, or indeed than any which could be
found on this side of the confines of Asia.
The Profession Of The Law In The United States Serves To Counterpoise
The Democracy
Utility of discriminating the natural propensities of the members of
the legal profession—These men called upon to act a prominent part in
future society—In what manner the peculiar pursuits of lawyers give an
aristocratic turn to their ideas—Accidental causes which may check this
tendency—Ease with which the aristocracy coalesces with legal men—Use
of lawyers to a despot—The profession of the law constitutes the only
aristocratic element with which the natural elements of democracy will
combine—Peculiar causes which tend to give an aristocratic turn of mind
to the English and American lawyers—The aristocracy of America is on
the bench and at the bar—Influence of lawyers upon American
society—Their peculiar magisterial habits affect the legislature, the
administration, and even the people.
In visiting the Americans and in studying their laws we perceive that
the authority they have entrusted to members of the legal profession,
and the influence which these individuals exercise in the Government,
is the most powerful existing security against the excesses of
democracy. This effect seems to me to result from a general cause which
it is useful to investigate, since it may produce analogous
consequences elsewhere.
The members of the legal profession have taken an important part in all
the vicissitudes of political society in Europe during the last five
hundred years. At one time they have been the instruments of those who
were invested with political authority, and at another they have
succeeded in converting political authorities into their instrument. In
the Middle Ages they afforded a powerful support to the Crown, and
since that period they have exerted themselves to the utmost to limit
the royal prerogative. In England they have contracted a close alliance
with the aristocracy; in France they have proved to be the most
dangerous enemies of that class. It is my object to inquire whether,
under all these circumstances, the members of the legal profession have
been swayed by sudden and momentary impulses; or whether they have been
impelled by principles which are inherent in their pursuits, and which
will always recur in history. I am incited to this investigation by
reflecting that this particular class of men will most likely play a
prominent part in that order of things to which the events of our time
are giving birth.
Public-domain text, read in full here on John Shaqi.
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