
Adversarial Legalism
The American Way of Law, Second Edition
Robert A. Kagan(Author)
Harvard University Press
2nd Edition
Published on 8. October 2019
Book
Paperback/Softback
432 pages
978-0-674-23836-7 (ISBN)
Description
In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial-likely to rely on legal threats and lawsuits-than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority.
"This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book."
-Lawrence Friedman, Stanford University
"A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process."
-Charles R. Epp, Law and Society Review
"This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book."
-Lawrence Friedman, Stanford University
"A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process."
-Charles R. Epp, Law and Society Review
Reviews / Votes
Like the first edition, it is a brilliant and thoughtful account of the way the legal system of the United States works, based on a rich and varied storehouse of research. -- Lawrence M. Friedman * Law & Social Inquiry * A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process...Political elites, scholars, and college students alike may find much that is new and surprising in this book-and it is Kagan's key purpose to surprise and stimulate fresh thinking about the range of possibilities for addressing policy problems. -- Charles R. Epp * Law and Society Review * An important and insightful study of American legal culture...Both comprehensive and critical. A significant advantage of Kagan's treatment is his commitment to a genuinely comparative analysis of American legalism...Whatever the merits of Kagan's assessment, however, it is made possible by his careful attention to comparative materials and thus shows the promise of an authentic comparative legal methodology. In sum, this is an important, indeed an elegant, book. Highly recommended. -- J. E. Finn * Choice * This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book. -- Lawrence Friedman, Stanford UniversityMore details
Edition
2nd edition
Language
English
Place of publication
Cambridge, Mass
United States
Target group
Professional and scholarly
Product notice
Paperback (trade)
Unsewn / adhesive bound
Illustrations
2 tables
Dimensions
Height: 223 mm
Width: 148 mm
Thickness: 40 mm
Weight
574 gr
ISBN-13
978-0-674-23836-7 (9780674238367)
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Schweitzer Classification
Other editions
Additional editions

E-Book
10/2019
1st Edition
Harvard University Press
€78.99
Available for download
Person
Robert A. Kagan is Professor of Law and Political Science at the University of California, Berkeley.