The World's Greatest Books — Volume 20 — Miscellaneous Literature and Index
General
The World's Greatest Books — Volume 20 — Miscellaneous Literature and Index
Literature -- Collections
Not less important, as a counterpoise to the danger of democracy, is
the strong legal spirit which pervades the United States. Lawyers have
great influence and authority in matters of government. But lawyers
are strongly imbued with the tasks and habits of mind which are most
characteristic of aristocracy; they have an instinctive liking for
forms and for order, a native distaste for the will of the multitude,
and a secret contempt for popular government. Of course, their own
personal interest may and often does over-ride this professional
bias. But lawyers will always be, on the whole, friends of order and
of precedent, and enemies of change. And in America, where there are
neither nobles nor able political writers, and where the people are
suspicious of the wealthy, the lawyers do, in fact, form the most
powerful order in politics, and the most intellectual class of society.
They therefore stand to lose by any innovation, and their conservative
tendency is reinforced by their interests as a class.
A third safeguard against the tyranny of the majority is to be found
in the institution of a jury. Almost everyone is called at one time
or another to sit on a jury, and thus learns at least something of
the judicial spirit. The civil jury has saved English freedom in past
times, and may be expected to maintain American liberties also. It is
true that there are many cases, and those often the most important,
in which the American judge pronounces sentence without a jury. Under
those circumstances, his position is similar to that of a French judge,
but his moral power is far greater; for the memory and the influence of
juries are all about him, and he speaks with the authority of one who
habitually rests upon the jury system. In no other countries are the
judges so powerful as in those where the people are called in to share
judicial privileges and responsibilities.
_IV.--Equality of Men and Women_
Inasmuch as democracy destroys or modifies the various inequalities
which social traditions have made, it is natural to ask whether it has
had any effect on that great inequality between men and women which
is elsewhere so conspicuous. We are driven to the conclusion that the
social movement which places son and father, servant and master, and in
general, the inferior and superior, more nearly on the same level, must
raise woman more and more to an equality with man.
Let us guard, however, against misconceptions. There are people in
Europe who confuse the natural qualities of the two sexes, and desire
that men and women should be, not only equal, but also similar to one
another. That would give them both the same functions, the same duties
and the same rights, and would have them mingle in everything, in work,
in pleasures, and in business. But the attempt to secure this kind
of equality between the two sexes, only degrades them both, and must
result in unmanly men, and unwomanly women.
Public-domain text, read in full here on John Shaqi.
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