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
The institution of the jury, if confined to criminal causes, is always
in danger, but when once it is introduced into civil proceedings it
defies the aggressions of time and of man. If it had been as easy to
remove the jury from the manners as from the laws of England, it would
have perished under Henry VIII, and Elizabeth, and the civil jury did
in reality, at that period, save the liberties of the country. In
whatever manner the jury be applied, it cannot fail to exercise a
powerful influence upon the national character; but this influence is
prodigiously increased when it is introduced into civil causes. The
jury, and more especially the jury in civil cases, serves to
communicate the spirit of the judges to the minds of all the citizens;
and this spirit, with the habits which attend it, is the soundest
preparation for free institutions. It imbues all classes with a respect
for the thing judged, and with the notion of right. If these two
elements be removed, the love of independence is reduced to a mere
destructive passion. It teaches men to practice equity, every man
learns to judge his neighbor as he would himself be judged; and this is
especially true of the jury in civil causes, for, whilst the number of
persons who have reason to apprehend a criminal prosecution is small,
every one is liable to have a civil action brought against him. The
jury teaches every man not to recoil before the responsibility of his
own actions, and impresses him with that manly confidence without which
political virtue cannot exist. It invests each citizen with a kind of
magistracy, it makes them all feel the duties which they are bound to
discharge towards society, and the part which they take in the
Government. By obliging men to turn their attention to affairs which
are not exclusively their own, it rubs off that individual egotism
which is the rust of society.
The jury contributes most powerfully to form the judgement and to
increase the natural intelligence of a people, and this is, in my
opinion, its greatest advantage. It may be regarded as a gratuitous
public school ever open, in which every juror learns to exercise his
rights, enters into daily communication with the most learned and
enlightened members of the upper classes, and becomes practically
acquainted with the laws of his country, which are brought within the
reach of his capacity by the efforts of the bar, the advice of the
judge, and even by the passions of the parties. I think that the
practical intelligence and political good sense of the Americans are
mainly attributable to the long use which they have made of the jury in
civil causes. I do not know whether the jury is useful to those who are
in litigation; but I am certain it is highly beneficial to those who
decide the litigation; and I look upon it as one of the most
efficacious means for the education of the people which society can
employ.
Public-domain text, read in full here on John Shaqi.
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