“god Bless America!”

Simon Morgan Wortham and Gary Hall

in Experimenting

Published by Fordham University Press

Published in print December 2007 | ISBN: 9780823228140
Published online September 2011 | e-ISBN: 9780823240975 | DOI:
“god Bless America!”

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Almost two centuries since Tocqueville published the first volume of De la démocratie en Amérique (Democracy in America), it brought astonishing changes. Tocqueville argues that although the American judiciary conserves the traditional traits of European legal systems, it nevertheless has a political power that is unknown in Europe and distinctively characteristic of American society. The American legal systems preserve the three characteristics that traditionally distinguish the judicial system elsewhere. The first is the serving as an arbiter of dispute, the second trait consists of the fact that the judiciary must always address “particular cases” and not with general principles. And the third is that the judiciary can never act spontaneously, but only in response.

Keywords: Tocqueville; De la démocratie en Amérique; American judiciary; European legal systems

Chapter.  12998 words. 

Subjects: Literary Theory and Cultural Studies

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