Adversarial Legalism : The American Way of Law / Robert A. Kagan.
Kagan, Robert A., author.
2009
KF384 ǂb K34 2003eb
Available Online

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Title Adversarial Legalism : The American Way of Law / Robert A. Kagan.
Author Kagan, Robert A., author.
ISBN 9780674039278
DOI https://doi.org/10.4159/9780674039278
Published Cambridge, MA : Harvard University Press, [2009]
Copyright ©2001
Language English
Language Note In English.
Description 1 online resource (351 p.)
Other Standard Identifiers 10.4159/9780674039278 doi
Call Number KF384 ǂb K34 2003eb
Dewey Decimal Classification 349.73
Summary American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism." Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods. Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.
Access Note Access limited to authorized users.
System Details Note Mode of access: Internet via World Wide Web.
Digital File Characteristics text file PDF
Source of Description Description based on online resource; title from PDF title page (publisher's Web site, viewed 01. Dez 2022)
In Harvard University Press eBook Package Backlist 2000-2013
Linked Resources Online Access
Record Appears in Online Resources > Ebooks
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Frontmatter
Contents
Preface
I Adversarial Legalism: Contours, Consequences, Causes
1 The Concept of Adversarial Legalism
2 The Two Faces of Adversarial Legalism
3 The Political Construction of Adversarial Legalism
II Criminal Justice
4 Adversarial Legalism and American Criminal Justice
5 Deciding Criminal Cases
III Civil Justice
6 Adversarial Legalism and Civil Justice
7 The Tort Law System
IV Public Law: Social Justice and Regulation
8 Adversarial Legalism and the Welfare State
9 Adversarial Legalism and Regulatory Style
10 Economic Development, Environmental Protection, and Adversarial Legalism
Conclusion: Can the United States Tame Adversarial Legalism?
Notes
References
Index

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