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ExperimentingEssays with Samuel Weber$
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Simon Morgan Wortham and Gary Hall

Print publication date: 2007

Print ISBN-13: 9780823228140

Published to Fordham Scholarship Online: September 2011

DOI: 10.5422/fordham/9780823228140.001.0001

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“god Bless America!”

“god Bless America!”

(p.13) Chapter 1 “god Bless America!”

Simon Morgan Wortham

Gary Hall

Fordham University Press

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

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