Adversarial Legalism The American Way of Law

Name: Adversarial Legalism The American Way of Law
Price: 14.51 USD
Availability: InStock
ISBN: 9780674012417

ISBN-10: 0674012410

ISBN-13: 9780674012417

Edition: 2001

Authors: Robert A. Kagan

List price: $35.00

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Description:

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…

Book details

List price: $35.00
Copyright year: 2001
Publisher: Harvard University Press
Publication date: 9/1/2003
Binding: Paperback
Pages: 352
Size: 0.56" wide x 0.83" long x 0.08" tall
Weight: 0.990
Language: English



Preface



Adversarial Legalism: Contours, Consequences, Causes



The Concept of Adversarial Legalism



The Two Faces of Adversarial Legalism



The Political Construction of Adversarial Legalism



Criminal Justice



Adversarial Legalism and American Criminal Justice



Deciding Criminal Cases



Civil Justice



Adversarial Legalism and Civil Justice



The Tort Law System



Public Law: Social Justice and Regulation



Adversarial Legalism and the Welfare State



Adversarial Legalism and Regulatory Style



Economic Development, Environmental Protection, and Adversarial Legalism


Conclusion: Can the United States Tame Adversarial Legalism?


Notes


References


Index