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
Men who have more especially devoted themselves to legal pursuits
derive from those occupations certain habits of order, a taste for
formalities, and a kind of instinctive regard for the regular
connection of ideas, which naturally render them very hostile to the
revolutionary spirit and the unreflecting passions of the multitude.
The special information which lawyers derive from their studies ensures
them a separate station in society, and they constitute a sort of
privileged body in the scale of intelligence. This notion of their
superiority perpetually recurs to them in the practice of their
profession: they are the masters of a science which is necessary, but
which is not very generally known; they serve as arbiters between the
citizens; and the habit of directing the blind passions of parties in
litigation to their purpose inspires them with a certain contempt for
the judgment of the multitude. To this it may be added that they
naturally constitute a body, not by any previous understanding, or by
an agreement which directs them to a common end; but the analogy of
their studies and the uniformity of their proceedings connect their
minds together, as much as a common interest could combine their
endeavors.
A portion of the tastes and of the habits of the aristocracy may
consequently be discovered in the characters of men in the profession
of the law. They participate in the same instinctive love of order and
of formalities; and they entertain the same repugnance to the actions
of the multitude, and the same secret contempt of the government of the
people. I do not mean to say that the natural propensities of lawyers
are sufficiently strong to sway them irresistibly; for they, like most
other men, are governed by their private interests and the advantages
of the moment.
In a state of society in which the members of the legal profession are
prevented from holding that rank in the political world which they
enjoy in private life, we may rest assured that they will be the
foremost agents of revolution. But it must then be inquired whether the
cause which induces them to innovate and to destroy is accidental, or
whether it belongs to some lasting purpose which they entertain. It is
true that lawyers mainly contributed to the overthrow of the French
monarchy in 1789; but it remains to be seen whether they acted thus
because they had studied the laws, or because they were prohibited from
co-operating in the work of legislation.
Public-domain text, read in full here on John Shaqi.
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