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Tocqueville's majority system
The majority ultimate power in US, makes law and shapes society, could lead to tyranny
madison-factions
A group (majority or minority) which pursues its own interests at the expense of the common good and the interests ofthe rest of the population
what is majority tyranny
as the primary danger of a pure democracy, where a majority faction is able to sacrifice to its ruling passion or interest both the public good and the rights of other citizens.
what is the most dangerous threat to the republic?
majority faction
What is majority factions
is a group of citizens, comprising more than half of the population, who are united by a common passion or interest that is adverse to the rights of other citizens or to the permanent and aggregate interests of the community.
What is minority factions
is a group of citizens, comprising less than half of the population, who are united by a common passion or interest that is adverse to the rights of other citizens or to the permanent and aggregate interests of the community.
who created the federalist 10
John jay, Hamlation, Madison
Want factions
causes majority tyranny but prevents majority tyrann
Eliminating factions is __ and __
impossible and bad
reasons we form fanctions
want influence government
we can control effect of factions by
Through representation, through large territory and population, only possible in republic
refine and enlarge public opinion
system of representation in a republic can improve upon direct democracy by using elected representatives to filter and broaden public opinion
can be done through (Representatives are intended to act as a filter, refining raw public opinion by considering it through the lens of their wisdom and patriotism
mill-Why should we not suppress opinions?
The Silenced Opinion Might Be True: We are fallible; our certainty isn't absolute truth. Silencing dissent assumes we are infallible and prevents correction of societal errors, robbing humanity of the chance to discover truth.
The Silenced Opinion Might Contain Partial Truth: Even if an opinion seems wrong, it may hold a valuable part of the truth missing from the majority view. Collision with opposing views allows for a fuller, more nuanced understanding of the whole truth.
The Prevailing Opinion Might Be False, or Incomplete: If the accepted truth is never challenged, it becomes a dead dogma, held as mere prejudice without understanding its rational basis. Debate keeps truths "lively" and prevents them from losing their meaning and vital effect on character, even if the core opinion is correct.
relgious as proteted belif-
Individuals should be free from societal tyranny, though he specifically omits explicit protection for religious institutions in the text, focusing more on individual belief and the utility of open debate for discovering truth, even religious truth, while advocating for protecting minority views (like atheism) to prevent suppression of potentially valid ideas, all grounded in the harm principle: only to prevent harm to others can society interfere with individual liberty, with religion generally falling under "self-regarding" actions.
Alexis de Tocqueville: “equality of conditions.”
American belief that no person should have inherent superiority or inferiority due to birth, wealth, or social standing, leading to a leveling of classes where everyone has similar opportunities, rights, and the expectation of being able to rise, though not necessarily resulting in perfect economic sameness. It's the idea that social differences matter less and that everyone is fundamentally equal in the eyes of society and the law, fostering a unique democratic culture where people associate freely.
How can the power of the majority be countered by the minority?
political parties, interest groups, a strong independent judiciary, and by leveraging free speech and public opinion, creating a check on the majority's power by allowing minorities to gather, organize, and challenge the dominant views until they potentially become a majority themselves, preventing the majority from enforcing its will too broadly.
purpose of laywers-tocq
crucial for checking democracy's excesses, acting as a moderating force against the "tyranny of the majority" by bringing order, logic, and respect for law to a passionate populace, essentially forming a natural, intellectual aristocracy that guides society through complex legal frameworks. They instill habits of order, formality, and fact-finding, restraining impulsive decisions by the people or legislature.
purpose of jurors
"Free School for Citizens", teaching ordinary citizens self-government, civic duty, and the rule of law by actively participating in justice, making them more responsible, less selfish, and better prepared to participate in society. Juries, especially civil ones, instill the "habits of the judicial mind" into the populace, extending legal understanding beyond courts and combating individualism, thus strengthening the entire democratic system.