Library Catalog
Amazon cover image
Image from Amazon.com

Adversarial Legalism : The American Way of Law / Robert A. Kagan.

By: Material type: TextTextPublisher: Cambridge, MA : Harvard University Press, [2009]Copyright date: ©2001Description: 1 online resource (351 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780674039278
Subject(s): DDC classification:
  • 349.73
LOC classification:
  • KF384 ǂb K34 2003eb
Other classification:
  • online - DeGruyter
Online resources:
Contents:
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
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.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780674039278

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

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

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.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 01. Dez 2022)