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On The Tocqueville's Idea Of Liberty

Posted on:2011-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:H T WangFull Text:PDF
GTID:2166360305981345Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Tocqueville is famous for his analysis of American democracy and his research of French Revolution, but the issue he concerns to is liberty. Tocquewille's ultimate object is to explain his conception of liberty, no matter what research of American democracy and French Revolution. His conception of liberty is reflected in his analysis of the different fates between American and France, and the reason that liberty is different between two countries is the different collocation of elements which protect or threaten the liberty. However, these elements are the same to a large extent, for example, township, kind of American's intermediate group, is an important element protecting American's freedom, while the disgrace of intermediate groups in France is the exact element of the absence of liberty. Therefore, to contrast two types of liberty can refine the core of Tocqueville's conception of liberty more effectively.This article can be divided into five parts, and the main content of each part can be depicted as below:Part one, introduction. The theory of Tocqueville is complex, because he is not only a political academic, but also has a multi-identity of political actor and historian. So it is difficult to classify his theory to a certain category. Therefore, the core of his theory is manifest, which refers to the liberty.Part two, formation of Tocqueville's conception of liberty. Liberty as a theory is a heritage in the history of human being. The conception of liberty is advancing gradually during the succeeding, while France is the stronghold of liberty. Predecessors'idea is the basis of Tocqueville's thinking, and the ones who have a direct influence on him are Montesquieu, Rousseau and Pascal. On the other hand, his political activities and the special political background of his period provide a practical source for the formation of his conception of liberty.Part three, American mode of liberty. In American, the liberty and the democracy have a close relation. The liberty contributes to the development of the democracy, while the democracy leads the civil to a free-loving tendency. The democracy has three main threats of Tyranny of the majority, Individualism and Centralism, while the best way to resist to the three kinds of tendency is to pay more attention to the value of liberty. The elements which protect American's freedom include geography, legal system and condition of the people. American's federalism, township autonomy, jurisdiction, bicameral system and etc are legal elements to protect liberty, and of the conditions of people, the most important element is religious factor. The mode of Secularism provides space for the formation of liberty.Part four, French mode of liberty. French Revolution which used liberty as a slogan didn't found a free country. The absence of liberty in France can be thought for the reasons including centralism, disgrace of intermediate groups and the influence of literates. France is formed a huge administrative system through central and local governors, and meanwhile, the centralization of administrative power is very serious by means of a system of case transfer continually squeezing jurisdiction. No matter in cities or in countries, the buffer forces originally between country and individual including aristocracy, diocese, city council and etc are losing power gradually, and it leads to the erosion to personal freedom by the country. There is a serious crush between French literates and political practice, and the political and untimely comments which they always pronounce also do harms to the free spirit. The revolution wipes out many obstacles of liberty, but it destroys many freedom already existed at the same time.Part five, conclusion. By comparing two fate of liberty, it summarizes Tocqueville's core conception: liberty needs protection from democracy, and only can the liberty save all the democracy faced sorts of threats. The existence of liberty can't be out of intermediate group, reasonable legal system and condition of the people. Although the revolution sets the target of liberty, finally it may not figure out the consequences of freedom but destroy the liberty without rebuilding it well. Tocqueville's conception of liberty influences posterity's philosophy of law, and provides inspirations to China's problems.
Keywords/Search Tags:Liberty, Democracy, Centralization, Individualism, Revolution
PDF Full Text Request
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