Adversarial Legalism : The American Way of Law / Robert A. Kagan.
2009
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Details
Author
Title
Adversarial Legalism : The American Way of Law / Robert A. Kagan.
Imprint
Cambridge, MA : Harvard University Press, [2009]
Copyright
©2001
Description
1 online resource (351 p.)
Formatted Contents Note
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
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
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.
Language Note
In English.
System Details Note
Mode of access: Internet via World Wide Web.
Source of Description
Description based on online resource; title from PDF title page (publisher's Web site, viewed 01. Dez 2022)
Location
www
In
Title is part of eBook package: Harvard University Press eBook Package Backlist 2000-2013 De Gruyter
Access Note
restricted access (http://purl.org/coar/access_right/c_16ec) online access with authorization
Alternate Title
DeGruyter online
Language
English
ISBN
9780674039278
Record Appears in