Adversarial Legalism
The American Way of Law
Published on 1. July 2009
351 pages
978-0-674-03927-8 (ISBN)
Description
American dispute resolution is more adversarial, compared with 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, penalties more severe. Here, Kagan examines the origins and consequences of this system.
More details
Edition
Digital original
Language
English
Place of publication
Cambridge, MA; London
United States
Target group
Professional and scholarly
US School Grade: College Graduate Student
Edition type
Digital original
ISBN-13
978-0-674-03927-8 (9780674039278)
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Schweitzer Classification
Other editions
New editions
E-Book
10/2019
1st Edition
Harvard University Press
€78.99
Available for download
Additional editions
Book
09/2003
Harvard University Press
€59.62
Article exhausted; check different version
Person
Robert A. Kagan is Professor of Law and Political Science at the University of California, Berkeley.
Content
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
