《论美国的民主·卷二·四部·第七章·承前续论》第4节
I think that men living in aristocracies may, strictly speaking, do without the liberty of the press: but such is not the case with those who live in democratic countries. To protect their personal independence I trust not to great political assemblies, to parliamentary privilege, or to the assertion of popular sovereignty. All these things may, to a certain extent, be reconciled with personal servitude--but that servitude cannot be complete if the press is free: the press is the chiefest democratic instrument of freedom. Something analogous may be said of the judicial power. It is a part of the essence of judicial power to attend to private interests, and to fix itself with predilection on minute objects submitted to its observation; another essential quality of judicial power is never to volunteer its assistance to the oppressed, but always to be at the disposal of the humblest of those who solicit it; their complaint, however feeble they may themselves be, will force itself upon the ear of justice and claim redress, for this is inherent in the very constitution of the courts of justice. A power of this kind is therefore peculiarly adapted to the wants of freedom, at a time when the eye and finger of the government are constantly intruding into the minutest details of human actions, and when private persons are at once too weak to protect themselves, and too much isolated for them to reckon upon the assistance of their fellows. The strength of the courts of law has ever been the greatest security which can be offered to personal independence; but this is more especially the case in democratic ages: private rights and interests are in constant danger, if the judicial power does not grow more extensive and more strong to keep pace with the growing equality of conditions.
注释摘要
这段论述处在托克维尔民主社会学最核心的位置。他在这里处理的问题看似简单：出版自由和司法独立为什么重要。实则他回答的是，身份平等一旦成为社会的基本事实，个人的独立要靠什么来维系。他的推理路径从否定开始——议会、议会特权、人民主权宣示，这些他在卷一中详加考察的政治安排，在他看来都不能真正保障个人独立，因为它们可以被表面维持而与实质的人身屈从并存。这句话的分量很…