Tocqueville's Law: Integrative Jurisprudence in the American Context

American Journal of Jurisprudence, Vol. 39, 1994

28 Pages Posted: 31 Aug 2009 Last revised: 28 Oct 2009

See all articles by Bruce P. Frohnen

Bruce P. Frohnen

Ohio Northern University College of Law

Date Written: 1994

Abstract

This article examines the jurisprudence of nineteenth century scholar and magistrate Alexis de Tocqueville. Best known for his analysis of American democratic society, Tocqueville brought to his work a lawyer’s eye for legal rules and structures, and their impact on public life. Tocqueville’s jurisprudence, integrating moral, political, and historical practices and influences, enabled him to explain the role of law and lawyers in maintaining stability in a society permeated by egalitarian and individualist impulses. Central to this stabilization, according to Tocqueville, were the legalistic norms inculcated through administrative decentralization and the jury system in a society that accorded high status to legal practitioners.

Suggested Citation

Frohnen, Bruce P., Tocqueville's Law: Integrative Jurisprudence in the American Context (1994). American Journal of Jurisprudence, Vol. 39, 1994, Available at SSRN: https://ssrn.com/abstract=1464478 or http://dx.doi.org/10.2139/ssrn.1464478

Bruce P. Frohnen (Contact Author)

Ohio Northern University College of Law ( email )

525 South Main Street
Ada, OH 45810
United States
419-772-1950 (Phone)

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