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
But the law of descent was the last step to equality. I am surprised
that ancient and modern jurists have not attributed to this law a
greater influence on human affairs. *a It is true that these laws
belong to civil affairs; but they ought nevertheless to be placed at
the head of all political institutions; for, whilst political laws are
only the symbol of a nation’s condition, they exercise an incredible
influence upon its social state. They have, moreover, a sure and
uniform manner of operating upon society, affecting, as it were,
generations yet unborn.
a
[ I understand by the law of descent all those laws whose principal
object is to regulate the distribution of property after the death of
its owner. The law of entail is of this number; it certainly prevents
the owner from disposing of his possessions before his death; but this
is solely with the view of preserving them entire for the heir. The
principal object, therefore, of the law of entail is to regulate the
descent of property after the death of its owner: its other provisions
are merely means to this end.]
Through their means man acquires a kind of preternatural power over the
future lot of his fellow-creatures. When the legislator has regulated
the law of inheritance, he may rest from his labor. The machine once
put in motion will go on for ages, and advance, as if self-guided,
towards a given point. When framed in a particular manner, this law
unites, draws together, and vests property and power in a few hands:
its tendency is clearly aristocratic. On opposite principles its action
is still more rapid; it divides, distributes, and disperses both
property and power. Alarmed by the rapidity of its progress, those who
despair of arresting its motion endeavor to obstruct it by difficulties
and impediments; they vainly seek to counteract its effect by contrary
efforts; but it gradually reduces or destroys every obstacle, until by
its incessant activity the bulwarks of the influence of wealth are
ground down to the fine and shifting sand which is the basis of
democracy. When the law of inheritance permits, still more when it
decrees, the equal division of a father’s property amongst all his
children, its effects are of two kinds: it is important to distinguish
them from each other, although they tend to the same end.
Public-domain text, read in full here on John Shaqi.
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