Adversarial Legalism: The American Way of Law, Second Edition
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

"1130806753"
Adversarial Legalism: The American Way of Law, Second Edition
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

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Adversarial Legalism: The American Way of Law, Second Edition

Adversarial Legalism: The American Way of Law, Second Edition

by Robert A. Kagan
Adversarial Legalism: The American Way of Law, Second Edition

Adversarial Legalism: The American Way of Law, Second Edition

by Robert A. Kagan

Paperback(Reprint)

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Overview

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


Product Details

ISBN-13: 9780674238367
Publisher: Harvard University Press
Publication date: 10/08/2019
Edition description: Reprint
Pages: 432
Sales rank: 956,141
Product dimensions: 5.70(w) x 8.80(h) x 1.20(d)

About the Author

Robert A. Kagan is Professor of Law and Political Science at the University of California, Berkeley.

Table of Contents

Preface to the Second Edition ix

Preface to the First Edition xiii

I Adversarial Legalism: Contours, Consequences, Causes

1 The Concept of Adversarial Legalism 3

2 The Two Faces of Adversarial Legalism 22

3 The Political Construction of Adversarial Legalism 41

II Criminal Justice

4 Adversarial Legalism and American Criminal Justice 73

5 Deciding Criminal Cases 97

III Civil Justice

6 Adversarial Legalism and Civil Justice 117

7 The Tort Law System 147

IV Public Law: Social Justice and Regulation

8 Adversarial Legalism and the Welfare State 183

9 Adversarial Legalism and the Regulatory State 208

10 Economic Development, Environmental Protection, and Adversarial Legalism 239

Afterword: Adversarial Legalism in the Twenty-First Century 261

Notes 289

References 331

Index 385

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