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Item Details
Title: ADVERSARIAL LEGALISM
THE AMERICAN WAY OF LAW
By: Robert Kagan
Format: Hardback

List price: £40.95


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ISBN 10: 0674006216
ISBN 13: 9780674006218
Publisher: HARVARD UNIVERSITY PRESS
Pub. date: 2 October, 2001
Pages: 320
Description: In this book, Robert Kagan examines the origins and consequences of the American system of "adversarial legalism." Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values.
Synopsis: 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 this 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 study aims to deepen our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.
Illustrations: bibliographical references, index
Publication: US
Imprint: Harvard University Press
Returns: Non-returnable
Some other items by this author:
ADVERSARIAL LEGALISM (PB)
DYNAMICS OF REGULATORY CHANGE (PB)
EVERYTHING IS AT STAKE (HB)
GHOST AT THE FEAST
GHOST AT THE FEAST (HB)
GHOST AT THE FEAST (PB)
GOING BY THE BOOK (PB)
HAS OBAMA MADE THE WORLD A MORE DANGEROUS PLACE?
INSTITUTIONS AND PUBLIC LAW (PB)
JUNGLE GROWS BACK
JUNGLE GROWS BACK (HB)
LA PUISSANCE ET LA FAIBLESSE (PB)
LEGALITY AND COMMUNITY (PB)
LIBERTIES JOURNAL OF CULTURE AND POLITICS
LIBERTIES JOURNAL OF CULTURE AND POLITICS
LOOKING BACK AT LAW'S CENTURY (HB)
PARADISE AND POWER (HB)
PARADISE AND POWER (PB)
PRESENT DANGERS
PRESENT DANGERS (HB)
PRESENT DANGERS (PB)
REBELLION
REGULATORY ENCOUNTERS (PB)
REGULATORY JUSTICE (HB)
SHADES OF GREEN (HB)
SHADES OF GREEN (PB)
SOCIAL REGULATION (HB)
SOCIAL REGULATION (PB)
SOCIAL SCIENCE, SOCIAL POLICY AND THE LAW (HB)
THE RETURN OF HISTORY AND THE END OF DREAMS (HB)
THE RETURN OF HISTORY AND THE END OF DREAMS (PB)
THE WORLD AMERICA MADE (PB)

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