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
I am therefore convinced that the prince who, in presence of an
encroaching democracy, should endeavor to impair the judicial authority
in his dominions, and to diminish the political influence of lawyers,
would commit a great mistake. He would let slip the substance of
authority to grasp at the shadow. He would act more wisely in
introducing men connected with the law into the government; and if he
entrusted them with the conduct of a despotic power, bearing some marks
of violence, that power would most likely assume the external features
of justice and of legality in their hands.
The government of democracy is favorable to the political power of
lawyers; for when the wealthy, the noble, and the prince are excluded
from the government, they are sure to occupy the highest stations, in
their own right, as it were, since they are the only men of information
and sagacity, beyond the sphere of the people, who can be the object of
the popular choice. If, then, they are led by their tastes to combine
with the aristocracy and to support the Crown, they are naturally
brought into contact with the people by their interests. They like the
government of democracy, without participating in its propensities and
without imitating its weaknesses; whence they derive a twofold
authority, from it and over it. The people in democratic states does
not mistrust the members of the legal profession, because it is well
known that they are interested in serving the popular cause; and it
listens to them without irritation, because it does not attribute to
them any sinister designs. The object of lawyers is not, indeed, to
overthrow the institutions of democracy, but they constantly endeavor
to give it an impulse which diverts it from its real tendency, by means
which are foreign to its nature. Lawyers belong to the people by birth
and interest, to the aristocracy by habit and by taste, and they may be
looked upon as the natural bond and connecting link of the two great
classes of society.
The profession of the law is the only aristocratic element which can be
amalgamated without violence with the natural elements of democracy,
and which can be advantageously and permanently combined with them. I
am not unacquainted with the defects which are inherent in the
character of that body of men; but without this admixture of
lawyer-like sobriety with the democratic principle, I question whether
democratic institutions could long be maintained, and I cannot believe
that a republic could subsist at the present time if the influence of
lawyers in public business did not increase in proportion to the power
of the people.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account