Organic and mechanical metaphors in late eighteenth-century American political thought
Article Abstract:
Metaphors of the body and the machine both functioned in the political discourse in late 18th century America to describe systems of interrelated parts. Historians have oversimplified the use of these metaphors by associating the organic with 17th century England and the mechanical with 18th century America. The two metaphors did not function in opposition to one another but were more complexly interrelated. Organic and mechanical metaphors for political institutions and the state should be seen as a single paradigm suggesting the balancing that occurs in such systems.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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"Lit. theory" put to the test: a comparative literary analysis of American judicial tests and French judicial discourse
Article Abstract:
The heuristic dichotomy fundamental to 20th century legal analysis that formalism is balanced against policy concerns influences not only judicial decisionmaking but also judicial self-analysis and comparative law analysis. Application of the dichotomy results in assessments that judicial jurisprudence is both socially responsive and a source of stability. French judicial decisions evidence the use of the same heuristic devise as that of common law jurists in the US.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Xenophilia in American courts
Article Abstract:
A statistical study indicates foreigners win more of their cases than domestic defendants or plaintiffs, because foreigners' fear of US courts leads them to pursue judgment only in strong cases. Widespread xenophilia in American courts is a myth, despite the prevailing opposite perception. If they continue to be as selective in choosing cases to pursue fully, foreigners have little to fear from litigation in US courts.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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