In Defense of Political Trials

By Charles F. Abel; Frank H. Marsh et al. | Go to book overview
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Good, responsive political trials can not only resolve the tension between openness and loss of integrity that plagues the courts, but can also preclude the dangers we presently face because of the special relationship now recognized between church and state.


NOTES
1.
A. de Tocqueville, Democracy in America, vol 1 ( New York: Vintage Books, 1954), 44
2.
R. Bellah, The Broken Covenant: American Civil Religion in Time of Trial ( New York: Seabury Press, 1975), xi.
3.
P. Devlin, "The Enforcement of Morals", The Maccabaen Lectures in Jurisprudence of the British Academy ( Oxford: Oxford University Press, 1959), 11-12, 23-25.
4.
See R. H. Gabriel, The Course of American Democratic Thought ( New York: Ronald Press, 1956), 26; P. Selznick, "Natural Law and Sociology" in J. Cogley et al., eds., Natural Law and Modern Society ( Cleveland, OH: World Publishing, 1966), 158; R. Benedict, Patterns of Culture ( Boston: Houghton-Mifflin, 1959) 16.
5.
J. Somerville and R. Santonin, Social and Political Philosophy, "Thomas Jefferson: Letters" ( Garden City, N.Y.: Anchor Books, 1963), 250-281.
7.
See J. Dewey, Reconstruction in Philosophy ( Beacon Press, 1948), ch. 8.
8.
M. M. Marty, The New Shape of American Religion ( New York: Harper and Row, 1959), 71-72.
9.
J. Raroutunian, "Theology and American Experience", Criterion 799 (Winter 1964).
10.
D. H. Meyer, The Democratic Enlightenment ( New York: Putnam, 1975), 181.
11.
For an exegesis of "essentially contested" see W. B. Gallie, Philosophy and the Historical Understanding ( London: Chatto and Windus, 1963), ch. 8.
12.
What follows is a specific application of a more general analysis in W. B. Gallie , Philosophy and the Historical Understanding, 166-618.
13.
P. Nonet and P. Selznick, Law and Society in Transition: Toward Responsive Law ( New York: Harper and Row, 1978), 46.
15.
See C. Miller, The Supreme Court and the Uses of History ( Cambridge: Belknap Press of Harvard University Press, 1969). Also for specific examples see Committee for Public Education v. Nyquist, 413 U.S. 756 ( 1973); Flast v. Cohen 392 U.S. 83 ( 1968); and McGowan v. Maryland, 366 U.S. 420 ( 1961).
16.
See Walz v. Tax Commission, 397 U.S. 664 ( 1970); P. Freund, "Public Aid to Parochial Schools"," 82 Harv. L. R. 1680 ( 1969).
17.
M. Howe, The Garden and the Wilderness ( Cambridge: Harvard University Press, 1965), 6; P. Miller, Roger Williams: His Contribution to the American Tradition ( New York, Antheneum Publishers, 1962), 89-98.
18.
Howe, Garden and Wilderness, 2.
19.
R. Hunt, "James Madison and Religious Liberty" 1 American History Association Report 165 ( 1961).

-120-

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