Inventing American exceptionalism : the origins of American adversarial legal culture, 1800-1877 / Amalia D. Kessler.
"When Americans imagine their legal system, it is the adversarial trial--dominated by dueling larger-than-life lawyers undertaking grand public performances--that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent dec...
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| Online Access: |
Full Text (via ProQuest) |
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| Main Author: | |
| Format: | eBook |
| Language: | English |
| Published: |
New Haven ; London :
Yale University Press,
[2017]
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| Series: | Yale Law Library series in legal history and reference.
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| Subjects: |
| Summary: | "When Americans imagine their legal system, it is the adversarial trial--dominated by dueling larger-than-life lawyers undertaking grand public performances--that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and source--and by recovering neglected influences (including from Europe)--the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity"--Book cover. |
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| Physical Description: | 1 online resource (xi, 449 pages) |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9780300224849 0300224842 0300198078 9780300198072 0300222254 9780300222258 |
| Source of Description, Etc. Note: | Print version record. |