FREE BOOKS

Author's List




PREV.   NEXT  
|<   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308  
309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   >>   >|  
idental causes which may check this tendency--Ease with which the aristocracy coalesces with legal men--Use of lawyers to a despot--The profession of the law constitutes the only aristocratic element with which the natural elements of democracy will combine--Peculiar causes which tend to give an aristocratic turn of mind to the English and American lawyers--The aristocracy of America is on the bench and at the bar--Influence of lawyers upon American society--Their peculiar magisterial habits affect the legislature, the administration, and even the people. In visiting the Americans and in studying their laws we perceive that the authority they have entrusted to members of the legal profession, and the influence which these individuals exercise in the Government, is the most powerful existing security against the excesses of democracy. This effect seems to me to result from a general cause which it is useful to investigate, since it may produce analogous consequences elsewhere. The members of the legal profession have taken an important part in all the vicissitudes of political society in Europe during the last five hundred years. At one time they have been the instruments of those who were invested with political authority, and at another they have succeeded in converting political authorities into their instrument. In the Middle Ages they afforded a powerful support to the Crown, and since that period they have exerted themselves to the utmost to limit the royal prerogative. In England they have contracted a close alliance with the aristocracy; in France they have proved to be the most dangerous enemies of that class. 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 am incited to this investigation by reflecting that this particular class of men will most likely play a prominent part in that order of things to which the events of our time are giving birth. Men who have more especially devoted themselves to legal pursuits derive from those occupations certain habits of order, a taste for formalities, and a kind of instinctive regard for the regular connection of ideas, which naturally render them very hostile to the revolutionary spirit and the unreflecting passions of the multitude.
PREV.   NEXT  
|<   284   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308  
309   310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   >>   >|  



Top keywords:
profession
 

political

 

members

 

aristocracy

 

lawyers

 

society

 
habits
 
pursuits
 

authority

 
powerful

aristocratic

 

American

 
democracy
 

swayed

 

tendency

 

circumstances

 

momentary

 

impelled

 
principles
 
inquire

inherent

 

impulses

 
sudden
 
prerogative
 

England

 

contracted

 

utmost

 
period
 

exerted

 

alliance


coalesces

 

history

 

enemies

 

dangerous

 
France
 

proved

 
object
 

incited

 
regard
 

regular


connection

 

instinctive

 

idental

 
formalities
 

naturally

 

render

 

unreflecting

 

passions

 

multitude

 
spirit