Democracy in America — Volume 2Tocqueville, Alexis de
Philosophy
Democracy in America — Volume 2
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
But even if political association did not directly contribute to the
progress of civil association, to destroy the former would be to impair
the latter. When citizens can only meet in public for certain purposes,
they regard such meetings as a strange proceeding of rare occurrence,
and they rarely think at all about it. When they are allowed to meet
freely for all purposes, they ultimately look upon public association
as the universal, or in a manner the sole means, which men can employ to
accomplish the different purposes they may have in view. Every new want
instantly revives the notion. The art of association then becomes, as I
have said before, the mother of action, studied and applied by all.
When some kinds of associations are prohibited and others allowed, it is
difficult to distinguish the former from the latter, beforehand. In this
state of doubt men abstain from them altogether, and a sort of public
opinion passes current which tends to cause any association whatsoever
to be regarded as a bold and almost an illicit enterprise. *a
[Footnote a: This is more especially true when the executive government
has a discretionary power of allowing or prohibiting associations. When
certain associations are simply prohibited by law, and the courts of
justice have to punish infringements of that law, the evil is far less
considerable. Then every citizen knows beforehand pretty nearly what he
has to expect. He judges himself before he is judged by the law, and,
abstaining from prohibited associations, he embarks in those which are
legally sanctioned. It is by these restrictions that all free nations
have always admitted that the right of association might be limited.
But if the legislature should invest a man with a power of ascertaining
beforehand which associations are dangerous and which are useful, and
should authorize him to destroy all associations in the bud or allow
them to be formed, as nobody would be able to foresee in what cases
associations might be established and in what cases they would be put
down, the spirit of association would be entirely paralyzed. The former
of these laws would only assail certain associations; the latter would
apply to society itself, and inflict an injury upon it. I can conceive
that a regular government may have recourse to the former, but I do not
concede that any government has the right of enacting the latter.]
Public-domain text, read in full here on John Shaqi.
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