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That Laws Serve More to Maintain the Democratic Republic in the United States than Physical Causes, and Mores More than Laws - Alexis de Tocqueville, Democracy in America: Historical-Critical Edition, vol. 2 [1835]Edition used:Democracy in America: Historical-Critical Edition of De la démocratie en Amérique, ed. Eduardo Nolla, translated from the French by James T. Schleifer. A Bilingual French-English editions, (Indianapolis: Liberty Fund, 2010). Vol. 2.
Part of: Democracy in America: Historical-Critical Edition, 4 vols.About Liberty Fund:Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright information:This bilingual edition of Tocqueville’s work contains a new English translation of the French critical edition published in 1990. The copyright to the French version is held by J. Vrin and it is not available online. The copyright to the English translation, the translator’s note, and index is held by Liberty Fund. Fair use statement:This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
That Laws Serve More to Maintain the Democratic Republic in the United States than Physical Causes, and Mores More than LawsAll the peoples of America have a democratic social state.—Democratic institutions only continue to exist however among the Anglo-Americans.—The Spanish of South America, as favored by physical nature as the Anglo-Americans, are not able to support the democratic republic.—Mexico, which has adopted the Constitution of the United States, is not able to do it.—The Anglo-Americans of the West support it with more difficulty than those of the East.—Reasons for these differences. I said that maintaining democratic institutions in the United States had to be attributed to circumstances, laws and mores.8 Most Europeans know only the first of these three causes, and they give it a preponderant importance that it does not have. It is true that the Anglo-Americans brought equality of conditions to the New World. Never were either commoners or nobles found among them; prejudices of birth there have always been as unknown as prejudices of profession. Since the social state is therefore democratic, democracy had no difficulty establishing its dominion. But this fact is not particular to the United States; nearly all the colonies of America were founded by men equal among themselves or who became equal by inhabiting the colonies. There is not a single part of the New World where Europeans were able to create an aristocracy. Democratic institutions prosper only in the United States, however. The American Union has no enemies to fight. It is alone in the middle of the wilderness like an island in the heart of the Ocean. But nature had isolated in the same way the Spanish of [{Mexico, those of Peru}] South America [{the Portuguese of Brazil, the French of the Antilles, the Dutch of Guyana}], and this isolation did not prevent them from maintaining armies. They made war on each other when foreigners were lacking. Only the Anglo-American democracy, until now, has been able to remain at peace. The territory of the Union presents a limitless field to human activity; it offers an inexhaustible sustenance to industry and to work. So love of wealth takes the place of ambition there, and well-being quells the fervor of parties. But in what portion of the world do you meet more fertile wildernesses, larger rivers, more untouched and more inexhaustible riches than in South America? Yet South America cannot support democracy. If, for peoples to be happy, it was sufficient to have been placed in a corner of the universe and to be able to spread at will over uninhabited lands, the Spanish of South America would not have to complain about their lot. And when they would not enjoy the same happiness as the inhabitants of the United States, they would at least make the peoples of Europe envious. There are, however, no nations on the earth more miserable than those of South America. Therefore, not only can physical causes not lead to analogous results among the Americans of the South and those of the North, but they cannot even produce among the first something that is not inferior to what is seen in Europe, where physical causes act in an opposite direction. So physical causes do not influence the destiny of nations as much as is supposed.f I met men of New England ready to abandon a country where they would have been able to find ease and comfort, in order to go to seek their fortune in the wilderness. Nearby, I saw the French population of Canada squeeze itself into a space too small for it, when the same wilderness was near; and while the emigrant of the United States acquired a great estate at the cost of a few days of work, the Canadian paid as much for land as if he still lived in France. Thus nature, while delivering the uninhabited areas of the New World to Europeans, offers them assets that they do not always know how to use. I notice among other peoples of America the same conditions of prosperity as among the Anglo-Americans, without their laws and their mores; and these peoples are miserable. So the laws and mores of the Anglo-Americans form the special reason for their grandeur and the predominant cause that I am seeking. I am far from pretending that there is an absolute good in American laws; I do not believe that they are applicable to all democratic peoples; and, among those laws, there are several that, even in the United States, seem dangerous to me. You cannot deny, however, that the legislation of the Americans, taken as a whole, is well adapted to the genius of the people that it must govern and to the nature of the country.g So American laws are good, and a great part of the success that the government of democracy achieves in America must be attributed to them; but I do not think that they are the principal cause. And if the laws appear to me to have more influence on the social happiness of the Americans than the very nature of the country, from another perspective I see reasons to believe that they exercise less influence than mores. The federal laws surely form the most important portion of the legislation of the United States. Mexico, which is as happily situated as the Anglo-American Union, appropriated these same laws, and it is not able to get accustomed to the government of democracy. So there is a reason independent of physical causes and laws that makes democracy able to govern the United States.h But here is what proves it even more. Nearly all the men who inhabit the territory of the Union are born of the same blood. They speak the same language, pray to God in the same way, are subject to the same physical causes, obey the same laws. So what produces the differences that must be observed among them? Why, in the [{North}] East of the Union, does republican government appear strong and well-ordered, why does it proceed with maturity and deliberation? What cause marks all its acts with a character of wisdom and lasting existence? Why, in contrast, do the powers of society in the West [{and in the South}] seem to move haphazardly? Why, in the movement of affairs, does something disorderly, passionate, you could almost say feverish, reign that does not herald a long future? I am no longer comparing the Anglo-Americans to foreign peoples; now I am contrasting the Anglo-Americans to each other, and I am seeking why they do not resemble each other. Here all arguments drawn from the nature of the country and from the difference of laws are missing at the same time. I must resort to some other cause; and where will I find this cause, if not in mores? It is in the East [{North}] that the Anglo-Americans have contracted the longest use of the government of democracy, and that they have formed habits and conceived ideas most favorable to maintaining it. [In the North] Democracy there has little by little penetrated customs, opinions, forms; you find it in all the details of social life as in the laws. It is in the East [{North}] that the book learning and the practical education of the people have been most perfected and that religion has best intermingled with liberty. What are all these habits, these opinions, these customs, these beliefs, if not what I called mores? In the West, in contrast, a part of these same advantages is still lacking. Many Americans of the states of the West are born in the woods, and they mix with the civilization of their fathers the ideas and customs of savage life. Among them, passions are more violent, religious morality less powerful, ideas less settled. Men there exercise no control over each other, for they scarcely know each other.j So the nations of the West show, to a certain extent, the inexperience and the unruly habits of emerging peoples. Societies in the West are formed from old elements; but the assembly is new.k So mores, particularly, make the Americans of the United States, alone among all Americans, capable of supporting the dominion of democracy; and mores also make the various Anglo-American democracies more or less well-regulated and prosperous. Therefore, in Europe, the influence that the geographic position of the country exercises on the continued existence of democratic institutions is exaggerated. Too much importance is attributed to laws, too little to mores. These three great causes undoubtedly serve to regulate and to direct American democracy; but if they had to be classified, I would say that physical causes contribute less than laws, and laws infinitely less than mores. I am persuaded that the most fortunate situation and the best laws cannot maintain a constitution in spite of mores, while the latter still turn to good account the most unfavorable positions and the worst laws. The importance of mores is a common truth to which study and experience constantly lead. It seems to me that I find it placed in my mind like a central point; I see it at the end of all my ideas.m I have only one more word to say on this subject. If, in the course of this work, I have not succeeded in making the reader feel the importance that I attributed to the practical experience of the Americans, to their habits, to their opinions, in a word, to their mores, in maintaining their laws, I have missed the principal goal that I set for myself by writing it. [8. ] Here I recall to the reader the general sense in which I take the word mores; I understand by this word the whole of the intellectual and moral dispositions that man brings to the state of society. [f. ] In the margin: “≠So the original equality of conditions and the nature of the country do not explain in a sufficient way what is happening in the United States. Because elsewhere these same causes do not produce the same effects.≠” [g. ] To the side: “And in certain cases, it would be more correct to say that the Americans prosper despite their laws rather than thanks to them.” [h. ] “Mexico is not able to support the republic, however. The republic prospers only within the Anglo-American Union. From so many similar causes, the Union a different one. And this cause of prosperity which is special prevails over all the others together. The people of the Union are not only the most religious and most enlightened in the world, they are also the ones whose political education is the most advanced” (YTC, CVh, 4, p. 45). [j. ] In a slip of paper inserted in the manuscript: Three centuries ago the English colonies were founded, but only sixty years ago national and centralized governments were established among them. Before this time citizens [v: subjects], dispersed in a vast wilderness two thousand leagues from the sovereign, lived in an almost complete independence. Which really explains why, among the Americans, individuals always appear experienced and [often] the State, inexperienced. [k. ] In the North the republic is a strong and well-ordered government, which proceeds with maturity and deliberation, and which marks all its acts with a character of wisdom and lasting existence. In the West and in the South, the powers of society seem in contrast to move haphazardly, and there you observe, in the movement of affairs, something disorderly, passionate and you could almost say feverish that heralds neither strength nor continued existence [nor (ed.)] a long future (YTC, CVh, 4, p. 47). [m. ] Of the superiority of mores over laws./ After I have reflected carefully about the principles that make governments act, about those that sustain them or ruin them; when I have spent a good deal of time carefully calculating what the influence of laws is, their relative goodness and their tendency, I always arrive at this point that, above and beyond all these considerations, beyond all these laws, I find a power superior to them. It is the spirit and the mores of the people, their character. The best laws are not able to make a constitution work in spite of the mores; mores turn to good account the worst laws. That is a common truth, but one to which my studies bring me back constantly. It is placed in my mind like a central point; I see it at the end of all my ideas. Laws, however, work toward producing the spirit, the mores and the character of the people. But in what proportion? There is the great problem that we cannot think about too much (YTC, CVe, p. 52; you can find the same fragment with a few differences, in YTC, CVh, 4, pp. 46-47). |

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