Mark Levin used to spew on and on about Tocqueville's observations about America in a vain effort to convince his listeners that conservatism == Americanism. By chance, I came across this one that Levin didn't get around to mentioning:
The jury, and above all the civil jury, serves to give the mind of all citizens a part of the habits of mind of the judge; and these habits are precisely those that best prepare the people to be free.
It spreads in all classes respect for the thing judged and for the idea of right. Remove these two things, and the love of independence will be nothing but a destructive passion.
It teaches men the practice of equity. Each person, by judging his neighbor, thinks that he can be judged in his turn. That is above all true of the jury in civil matters: there is hardly anyone who fears one day being the object of a criminal proceeding; but everyone can have a civil trial.
The jury teaches each man not to retreat from responsibility for his own actions; a manly disposition, without which there is no political virtue.
It vests each citizen with a sort of magistracy; it makes all feel that they have duties to fulfill toward society and that they enter into its government. By forcing men to get involved in something other than their own affairs, it combats individual egoism, which is like the rust of societies [{that ruins nations more than armies do}].
The jury serves unbelievably to form the judgment and to augment the natural enlightenment of the people. That, in my opinion, is its greatest advantage.
Posts
No comments:
Post a Comment