In a community in which lawyers are allowed to occupy, without opposition, that high station which naturally belongs to them, their general spirit will be eminently conservative and anti-democratic. His observations provide one of the best pictures of how Ireland stood before the Great Famine — In fact, it did quite the opposite as the widespread, relatively equitable property ownership which distinguished the United States and determined its mores and values also explained why the United States masses held elites in such contempt.
This predisposition has another effect upon the character of the legal profession and upon the general course of society.
On this same English foundation there developed in the North very different characteristics. A writer is free inside that area, but woe to the man who goes beyond it, not that he stands in fear of an inquisition, but he must face all kinds of unpleasantness in every day persecution.
It is my object to inquire whether, under all these circumstances, the members of the legal profession have been swayed by sudden and momentary impulses; or whether they have been impelled by principles which are inherent in their pursuits, and which will always recur in history.
I do not know whether the jury is useful to those who are in litigation; but I am certain it is highly beneficial to those who decide the litigation; and I look upon it as one of the most efficacious means for the education of the people which society can employ.
Force is never more than a transient element of success; and after force comes the notion of right.
Tocqueville was an ardent supporter of liberty. The judge is a lawyer who, independently of the taste for regularity and order that he has contracted in the study of law, derives an additional love of stability from the inalienability of his own functions.
Tocqueville's professed religion was Roman Catholicism. In America there are no nobles or men of letters, and the people is apt to mistrust the wealthy; lawyers consequently form the highest political class, and the most cultivated circle of society.
It is a commonly assigned reading for undergraduates of American universities majoring in the political or social sciences, and part of the introductory political theory syllabus at Cambridge, Oxford, Princeton and other institutions.
They are so divorced from their own interests that even when their own security and that of their children is finally compromised, they do not seek to avert the danger themselves but cross their arms and wait for the nation as a whole to come to their aid.
The reason of this is, that in matters of civil law the majority is obliged to defer to the authority of the legal profession, and that the American lawyers are disinclined to innovate when they are left to their own choice. In that country we easily perceive how the legal profession is qualified by its attributes, and even by its faults, to neutralize the vices inherent in popular government.
The more we reflect upon all that occurs in the United States the more shall we be persuaded that the lawyers as a body form the most powerful, if not the only, counterpoise to the democratic element. Both populations were "undemocratic", or without the qualities, intellectual and otherwise needed to live in a democracy.
As the jury was first introduced at a time when society was in an uncivilized state, and when courts of justice were merely called upon to decide on the evidence of facts, it is not an easy task to adapt it to the wants of a highly civilized community when the mutual relations of men are multiplied to a surprising extent, and have assumed the enlightened and intellectual character of the age.
When the central Government which represents that majority has issued a decree, it must entrust the execution of its will to agents, over whom it frequently has no control, and whom it cannot perpetually direct.
The English and American lawyers investigate what has been done; the French advocate inquires what should have been done; the former produce precedents, the latter reasons. Tocqueville seeks to apply the functional aspects of democracy in the United States to what he sees as the failings of democracy in his native France.
When the English adopted trial by jury, they were a semi-barbarous people; they have since become one of the most enlightened nations of the earth, and their attachment to this institution seems to have increased with their increasing cultivation.
From tohe served as deputy of the Manche department Valognes. This notion of their superiority perpetually recurs to them in the practice of their profession: No other profession comes close to having the same number of people in political office.
The very individuals who conduct these changes disclaim all intention of innovation, and they had rather resort to absurd expedients than plead guilty to so great a crime.Alexis de Tocqueville: European Advocate of American Federalism July 25, - Articles - Tagged: democracy, federalism, France, USA Alexis de Tocqueville’s Democracy in America is a foundational text of federalist political science.
Democracy in America Quotes ― Alexis de Tocqueville, Democracy in America. tags: democracy. likes. Like “Nothing is more wonderful than the art of being free, but nothing is harder to learn how to use than freedom.” the high-minded and the noble advocate bondage, and the meanest and most servile preach independence; honest and.
Alexis de Tocqueville: An Advocate of Aristocracy PAGES 2.
WORDS 1, View Full Essay. More essays like this: aristocracy arguments, alexis de tocqueville, importance of aristocracy. Not sure what I'd do without @Kibin - Alfredo Alvarez, student @ Miami University.
aristocracy arguments, alexis de tocqueville, importance of aristocracy. The discussion was based on Professor John Diggins’s paper, “A Vanquished Aristocrat in Democratic America: Alexis de Tocqueville on the Topic of Aristocracy.”.
This aristocracy is invested with no physical power; it exercises its conservative influence upon the minds of men; and the most abundant source of. Works by or about Alexis de Tocqueville at Internet Archive; Works by Alexis de Tocqueville at LibriVox (public domain audiobooks) "Alexis, Charles, Henri Clérel de Tocqueville (–)".
Assemblée nationale (in French) "Alexis de Tocqueville" "Alexis de Tocqueville (–)".Prime Minister: Odilon Barrot.Download