The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That EventTocqueville, Alexis de
History
The State of Society in France Before the Revolution of 1789: And the Causes Which Led to That Event
Tocqueville, Alexis de
France -- History -- Revolution, 1789-1799 -- Causes
It is not meant by this that the defects of the English judicial
system were of any service to what I have here called the great ends
of justice: it proves only that in every judicial organisation there
are secondary defects that are only partially injurious to these ends
of justice; and other principal ones, that not only prove injurious to
them, but destroy them altogether, although joined to many secondary
perfections. The first mentioned are the most easily perceived;
they are the defects that generally first strike common minds: they
stare one in the face, as the saying goes. The others are often more
concealed; and it is not always the men the most learned in the law,
and other men in the profession, who discover them and point them out.
It must be observed, moreover, that the same qualities may be either
secondary or principal, according to the period of history or the
political organisation of a country. In periods of aristocratic
predominance and inequality everything that tends to lessen any
privilege of any individual before the face of justice, to afford
guarantees to the weak against the strong, and to give a predominance
to the action of the state--which is naturally impartial in differences
only occurring between subjects--becomes a principal quality; whereas
it diminishes in importance in proportion to the inclination of the
social state and political constitution towards democracy.
In studying the English judicial system upon these principles it will
be found that, although it permitted the existence of every defect that
could contribute to render justice in that country obscure, hampered,
slow, expensive, and inconvenient, it had taken infinite precautions
to prevent the strong from ever being favoured at the expense of the
weak, or the State at the expense of the private individual. The more
the observer penetrates into the details of the English legislation
the more he will see that every citizen was provided with all sorts
of weapons for his defence, and that matters were so arranged as to
afford to every one the greatest number of guarantees possible against
partiality, actual venality, and that sort of venality which is more
common, and especially more dangerous in democratic times--the venality
consisting of the servility of the courts towards the Government.
In this point of view the English judicial system, in spite of the
numerous secondary errors that may still be found in it, appears to me
superior to the French, which, although almost entirely untainted, it
is true, by any one of these defects, does not at the same time offer
in like degree the principal qualities that are to be found in it,
which, although excellent in the guarantees it affords to every citizen
in all disputes between individuals, fails precisely in that point that
ought always to be strengthened in a democratic state of society like
the French, namely, in the guarantees afforded to individuals against
the State.
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