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
forward to the exact period at which he will be his own master; and he
enters upon his freedom without precipitation and without effort, as a
possession which is his own and which no one seeks to wrest from him. *a
[Footnote a: The Americans, however, have not yet thought fit to strip
the parent, as has been done in France, of one of the chief elements of
parental authority, by depriving him of the power of disposing of his
property at his death. In the United States there are no restrictions on
the powers of a testator. In this respect, as in almost all others, it
is easy to perceive, that if the political legislation of the Americans
is much more democratic than that of the French, the civil legislation
of the latter is infinitely more democratic than that of the former.
This may easily be accounted for. The civil legislation of France
was the work of a man who saw that it was his interest to satisfy the
democratic passions of his contemporaries in all that was not directly
and immediately hostile to his own power. He was willing to allow some
popular principles to regulate the distribution of property and the
government of families, provided they were not to be introduced into
the administration of public affairs. Whilst the torrent of democracy
overwhelmed the civil laws of the country, he hoped to find an easy
shelter behind its political institutions. This policy was at once both
adroit and selfish; but a compromise of this kind could not last; for
in the end political institutions never fail to become the image and
expression of civil society; and in this sense it may be said that
nothing is more political in a nation than its civil legislation.]
Public-domain text, read in full here on John Shaqi.
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