ris in 1805, died in 1859; studied law, taking his
degree in 1826; traveled in Italy and Sicily; in 1831
visited the United States under a commission to study the
penitentiary system; returning published a book on the
subject which was crowned by the French Academy; from
private notes taken in America then wrote his masterpiece,
"Democracy in America," which secured his election to the
Academy in 1841; spent some years in public life and then
retired in order to travel and write.
THE TYRANNY OF THE AMERICAN MAJORITY[1]
I hold it to be an impious and execrable maxim that, politically
speaking, the people has a right to do whatever it pleases; and yet I
have asserted that all authority originates in the will of the
majority. Am I then in contradiction with myself?
[Footnote 1: From Chapter XV of "Democracy in America." Translated by
Henry Reeve.]
A general law, which bears the name of justice, has been made and
sanctioned not only by a majority of this or that people, but by a
majority of mankind. The rights of every people are consequently
confined within the limits of what is just. A nation may be considered
in the light of a jury which is empowered to represent society at
large and to apply the great and general law of justice. Ought such a
jury, which represents society, to have more power than the society in
which the law it applies originates?
When I refuse to obey an unjust law, I do not contest the right which
the majority has of commanding, but I simply appeal from the
sovereignty of the people to the sovereignty of mankind. It has been
asserted that a people can never entirely outstep the boundaries of
justice and of reason in those affairs which are more peculiarly its
own; and that consequently, full power may fearlessly be given to the
majority by which it is represented. But this language is that of a
slave.
A majority, taken collectively, may be regarded as a being whose
opinions, and most frequently whose interests are opposed to those of
another being, which is styled a minority. If it be admitted that a
man possessing absolute power may misuse that power by wronging his
adversaries, why should a majority not be liable to the same reproach?
Men are not apt to change their characters by agglomerating; nor does
their patience in the presence of obstacles increase with the
consciousness of their strength. And for these reasons I can never
willing
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