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
Trial by jury, which is one of the instruments of the sovereignty of
the people, deserves to be compared with the other laws which establish
that sovereignty—Composition of the jury in the United States—Effect of
trial by jury upon the national character—It educates the people—It
tends to establish the authority of the magistrates and to extend a
knowledge of law among the people.
Since I have been led by my subject to recur to the administration of
justice in the United States, I will not pass over this point without
adverting to the institution of the jury. Trial by jury may be
considered in two separate points of view, as a judicial and as a
political institution. If it entered into my present purpose to inquire
how far trial by jury (more especially in civil cases) contributes to
insure the best administration of justice, I admit that its utility
might be contested. As the jury was first introduced at a time when
society was in an uncivilized state, and when courts of justice were
merely called upon to decide on the evidence of facts, it is not an
easy task to adapt it to the wants of a highly civilized community when
the mutual relations of men are multiplied to a surprising extent, and
have assumed the enlightened and intellectual character of the age. *b
b
[ The investigation of trial by jury as a judicial institution, and the
appreciation of its effects in the United States, together with the
advantages the Americans have derived from it, would suffice to form a
book, and a book upon a very useful and curious subject. The State of
Louisiana would in particular afford the curious phenomenon of a French
and English legislation, as well as a French and English population,
which are gradually combining with each other. See the “Digeste des
Lois de la Louisiane,” in two volumes; and the “Traite sur les Regles
des Actions civiles,” printed in French and English at New Orleans in
1830.]
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