《论美国的民主·卷一·第十二章·合众国的政治结社》第4节

论美国的民主 · 第4章 · 第4节

I. That Congress had not the right of making a tariff, and that the existing tariff was unconstitutional; II. That the prohibition of free trade was prejudicial to the interests of all nations, and to that of the American people in particular. It must be acknowledged that the unrestrained liberty of political association has not hitherto produced, in the United States, those fatal consequences which might perhaps be expected from it elsewhere. The right of association was imported from England, and it has always existed in America; so that the exercise of this privilege is now amalgamated with the manners and customs of the people. At the present time the liberty of association is become a necessary guarantee against the tyranny of the majority. In the United States, as soon as a party is become preponderant, all public authority passes under its control; its private supporters occupy all the places, and have all the force of the administration at their disposal. As the most distinguished partisans of the other side of the question are unable to surmount the obstacles which exclude them from power, they require some means of establishing themselves upon their own basis, and of opposing the moral authority of the minority to the physical power which domineers over it. Thus a dangerous expedient is used to obviate a still more formidable danger. The omnipotence of the majority appears to me to present such extreme perils to the American Republics that the dangerous measure which is used to repress it seems to be more advantageous than prejudicial. And here I am about to advance a proposition which may remind the reader of what I said before in speaking of municipal freedom: There are no countries in which associations are more needed, to prevent the despotism of faction or the arbitrary power of a prince, than those which are democratically constituted. In aristocratic nations the body of the nobles and the more opulent part of the community are in themselves natural associations, which act as checks upon the abuses of power. In countries in which these associations do not exist, if private individuals are unable to create an artificial and a temporary substitute for them, I can imagine no permanent protection against the most galling tyranny; and a great people may be oppressed by a small faction, or by a single individual, with impunity.

注释摘要

托克维尔在这一段里完成了一个看似矛盾却又逻辑严密的论证:他承认政治结社的无限制自由蕴含危险,却坚持认为在美国这个危险暂时没有兑现,而且恰恰是这种危险本身反过来充当了抵御一个更大危险的屏障。这一论证的核心支点,正是他在本书前面章节已经反复铺设的那个命题——多数的全能及其潜在的暴政倾向。 读者必须先理解他所举的1831年费城自由贸大会的性质,才能看清他接下来要…