Adversarial legalism [electronic resource] : the American way of law / Robert A. Kagan.
American dispute resolution is more adversarial, compared with 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, penalties more severe. Here, Kagan examin...
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Full Text (via De Gruyter) |
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| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Cambridge, Massachusetts ; London, England :
Harvard University Press,
2019.
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| Edition: | Second edition. |
| Subjects: |
Table of Contents:
- Preface to the second edition
- Preface to the first edition
- 1. Adversarial legalism : contours, consequences, causes. The concept of adversarial legalism
- The two faces of adversarial legalism
- The political construction of adversarial legalism
- 2. Criminal justice. Adversarial legalism and American criminal justice
- Deciding criminal cases
- 3. Civil justice. Adversarial legalism and civil justice
- The tort law system
- 4. Public law : social justice and regulation. Adversarial legalism and the welfare state
- Adversarial legalism and the regulatory state
- Economic development, environmental protection, and adversarial legalism
- Afterword: Adversarial legalism in the twenty-first century.