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
In England and in America the judges exercise an influence upon
criminal trials which the French judges have never possessed. The
reason of this difference may easily be discovered; the English and
American magistrates establish their authority in civil causes, and
only transfer it afterwards to tribunals of another kind, where that
authority was not acquired. In some cases (and they are frequently the
most important ones) the American judges have the right of deciding
causes alone. *i Upon these occasions they are accidentally placed in
the position which the French judges habitually occupy, but they are
invested with far more power than the latter; they are still surrounded
by the reminiscence of the jury, and their judgment has almost as much
authority as the voice of the community at large, represented by that
institution. Their influence extends beyond the limits of the courts;
in the recreations of private life as well as in the turmoil of public
business, abroad and in the legislative assemblies, the American judge
is constantly surrounded by men who are accustomed to regard his
intelligence as superior to their own, and after having exercised his
power in the decision of causes, he continues to influence the habits
of thought and the characters of the individuals who took a part in his
judgment.
i
[ The Federal judges decide upon their own authority almost all the
questions most important to the country.]
The jury, then, which seems to restrict the rights of magistracy, does
in reality consolidate its power, and in no country are the judges so
powerful as there, where the people partakes their privileges. It is
more especially by means of the jury in civil causes that the American
magistrates imbue all classes of society with the spirit of their
profession. Thus the jury, which is the most energetic means of making
the people rule, is also the most efficacious means of teaching it to
rule well.
Chapter XVII: Principal Causes Maintaining The Democratic
Republic—Part I
Principal Causes Which Tend To Maintain The Democratic Republic In The
United States
A democratic republic subsists in the United States, and the principal
object of this book has been to account for the fact of its existence.
Several of the causes which contribute to maintain the institutions of
America have been involuntarily passed by or only hinted at as I was
borne along by my subject. Others I have been unable to discuss, and
those on which I have dwelt most are, as it were, buried in the details
of the former parts of this work. I think, therefore, that before I
proceed to speak of the future, I cannot do better than collect within
a small compass the reasons which best explain the present. In this
retrospective chapter I shall be succinct, for I shall take care to
remind the reader very summarily of what he already knows; and I shall
only select the most prominent of those facts which I have not yet
pointed out.
Public-domain text, read in full here on John Shaqi.
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