Democracy In America-2 [111]
for the guidance of his partner; and that, according to the opinion of the public, the very same act may be punished alternately as a crime or only as a fault. The Americans know not this iniquitous division of duties and rights; amongst them the seducer is as much dishonored as his victim. It is true that the Americans rarely lavish upon women those eager attentions which are commonly paid them in Europe; but their conduct to women always implies that they suppose them to be virtuous and refined; and such is the respect entertained for the moral freedom of the sex, that in the presence of a woman the most guarded language is used, lest her ear should be offended by an expression. In America a young unmarried woman may, alone and without fear, undertake a long journey.
The legislators of the United States, who have mitigated almost all the penalties of criminal law, still make rape a capital offence, and no crime is visited with more inexorable severity by public opinion. This may be accounted for; as the Americans can conceive nothing more precious than a woman's honor, and nothing which ought so much to be respected as her independence, they hold that no punishment is too severe for the man who deprives her of them against her will. In France, where the same offence is visited with far milder penalties, it is frequently difficult to get a verdict from a jury against the prisoner. Is this a consequence of contempt of decency or contempt of women? I cannot but believe that it is a contempt of one and of the other.
Thus the Americans do not think that man and woman have either the duty or the right to perform the same offices, but they show an equal regard for both their respective parts; and though their lot is different, they consider both of them as beings of equal value. They do not give to the courage of woman the same form or the same direction as to that of man; but they never doubt her courage: and if they hold that man and his partner ought not always to exercise their intellect and understanding in the same manner, they at least believe the understanding of the one to be as sound as that of the other, and her intellect to be as clear. Thus, then, whilst they have allowed the social inferiority of woman to subsist, they have done all they could to raise her morally and intellectually to the level of man; and in this respect they appear to me to have excellently understood the true principle of democratic improvement. As for myself, I do not hesitate to avow that, although the women of the United States are confined within the narrow circle of domestic life, and their situation is in some respects one of extreme dependence, I have nowhere seen woman occupying a loftier position; and if I were asked, now that I am drawing to the close of this work, in which I have spoken of so many important things done by the Americans, to what the singular prosperity and growing strength of that people ought mainly to be attributed, I should reply - to the superiority of their women. Chapter XIII: That The Principle Of Equality Naturally Divides The Americans Into A Number Of Small Private Circles
It may probably be supposed that the final consequence and necessary effect of democratic institutions is to confound together all the members of the community in private as well as in public life, and to compel them all to live in common; but this would be to ascribe a very coarse and oppressive form to the equality which originates in democracy. No state of society or laws can render men so much alike, but that education, fortune, and tastes will interpose some differences between them; and, though different men may sometimes find it their interest to combine for the same purposes, they will never make it their pleasure. They will therefore always tend to evade the provisions of legislation, whatever they may be; and departing in some one respect from the circle within which they were to be bounded, they will set up, close by the great political community, small private circles, united together by the similitude
The legislators of the United States, who have mitigated almost all the penalties of criminal law, still make rape a capital offence, and no crime is visited with more inexorable severity by public opinion. This may be accounted for; as the Americans can conceive nothing more precious than a woman's honor, and nothing which ought so much to be respected as her independence, they hold that no punishment is too severe for the man who deprives her of them against her will. In France, where the same offence is visited with far milder penalties, it is frequently difficult to get a verdict from a jury against the prisoner. Is this a consequence of contempt of decency or contempt of women? I cannot but believe that it is a contempt of one and of the other.
Thus the Americans do not think that man and woman have either the duty or the right to perform the same offices, but they show an equal regard for both their respective parts; and though their lot is different, they consider both of them as beings of equal value. They do not give to the courage of woman the same form or the same direction as to that of man; but they never doubt her courage: and if they hold that man and his partner ought not always to exercise their intellect and understanding in the same manner, they at least believe the understanding of the one to be as sound as that of the other, and her intellect to be as clear. Thus, then, whilst they have allowed the social inferiority of woman to subsist, they have done all they could to raise her morally and intellectually to the level of man; and in this respect they appear to me to have excellently understood the true principle of democratic improvement. As for myself, I do not hesitate to avow that, although the women of the United States are confined within the narrow circle of domestic life, and their situation is in some respects one of extreme dependence, I have nowhere seen woman occupying a loftier position; and if I were asked, now that I am drawing to the close of this work, in which I have spoken of so many important things done by the Americans, to what the singular prosperity and growing strength of that people ought mainly to be attributed, I should reply - to the superiority of their women. Chapter XIII: That The Principle Of Equality Naturally Divides The Americans Into A Number Of Small Private Circles
It may probably be supposed that the final consequence and necessary effect of democratic institutions is to confound together all the members of the community in private as well as in public life, and to compel them all to live in common; but this would be to ascribe a very coarse and oppressive form to the equality which originates in democracy. No state of society or laws can render men so much alike, but that education, fortune, and tastes will interpose some differences between them; and, though different men may sometimes find it their interest to combine for the same purposes, they will never make it their pleasure. They will therefore always tend to evade the provisions of legislation, whatever they may be; and departing in some one respect from the circle within which they were to be bounded, they will set up, close by the great political community, small private circles, united together by the similitude