Alexis de Tocqueville
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Alexis de Tocqueville
Alexis-Charles-Henri Clérel de Tocquevillewas a French diplomat, political scientist, and historian. He was best known for his works Democracy in Americaand The Old Regime and the Revolution. In both he analyzed the improved living standards and social conditions of individuals, as well as their relationship to the market and state in Western societies. Democracy in America was published after Tocqueville's travels in the United States, and is today considered an early work of sociology and political science...
NationalityFrench
ProfessionHistorian
Date of Birth29 July 1805
CountryFrance
In the United States, except for slaves, servants and the destitute fed by townships, everyone has the vote and this is an indirect contributor to law-making. Anyone wishing to attack the law is thus reduced to adopting one of two obvious courses: they must either change the nation's opinion or trample its wishes under foot.
There is one universal law that has been formed, or at least adoptedby the majority of mankind. That law is justice. Justice forms the cornerstone of each nation's law.
No state of society or laws can render men so much alike but that education, fortune, and tastes will interpose some differences between them; and though different men may sometimes find it their interest to combine for the same purposes, they will never make it their pleasure.
[Liberty] considers religion as the safeguard of morality, and morality as the best security of law and the surest pledge of the duration of freedom.
Freedom sees in religion the companion of its struggles and its triumphs, the cradle of its infancy, the divine source of its rights. It considers religion as the safeguard of mores; and mores as the guarantee of laws and the pledge of its duration.
Muhammad professed to derive from Heaven, and he has inserted in the Koran, not only a body of religious doctrines, but political maxims, civil and criminal laws, and theories of science. The gospel, on the contrary, only speaks of the general relations of men to God and to each other - beyond which it inculcates and imposes no point of faith. This alone, besides a thousand other reasons, would suffice to prove that the former of these religions will never long predominate in a cultivated and democratic age, whilst the latter is destined to retain its sway at these as at all other periods.
Nature secretly avenges herself for the constraint imposed upon her by the laws of man.
In America, conscription is unknown; men are enlisted for payment. Compulsory recruitment is so alien to the ideas and so foreign to the customs of the people of the United States that I doubt whether they would ever dare to introduce it into their law.
By obliging men to turn their attention to other affairs than their own, it rubs off that private selfishness which is the rust of society.
A French observer is surprised to hear how often an English or an American lawyer quotes the opinions of others, and how little he alludes to his own; ... This abnegation of his own opinion, and this implicit deference to the opinion of his forefathers, which are common to the English and American lawyer, this servitude of thought which he is obliged to profess, necessarily give him more timid habits and more conservative inclinations in England and America than in France.
The civil jury is the most effective form of sovereignty of the people. It defies the aggressions of time and man. During the reigns of Henry VIII (1509-1547) and Elizabeth I (1158-1603), the civil jury did in reality save the liberties of England.
The best laws cannot make a constitution work in spite of morals; morals can turn the worst laws to advantage. That is a commonplace truth, but one to which my studies are always bringing me back. It is the central point in my conception. I see it at the end of all my reflections.
There is no country in the world in which everything can be provided for by the laws, or in which political institutions can prove a substitute for common sense and public morality.
Among the laws controlling human societies there is one more precise and clearer, it seems to me, than all the others. If men are to remain civilized or to become civilized, the art of association must develop and improve among them at the same speed as equality of conditions spreads.