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.

History, Political aspects, 18th century AD, United States history, Political science, Metaphor

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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.

Laws, regulations and rules, France, Beliefs, opinions and attitudes, Justice, Administration of, Administration of justice, Law, Comparative analysis, Literature, Judicial process, Law and literature, Comparative law

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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.

Social aspects, Research, Cases, Statistics, Aliens, Right to fair and impartial trial, Fair trial, Xenophobia, Judicial statistics, international

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