The American Way of Law
By (author) Robert A. Kagan
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Adversarial Legalism by Robert A. Kagan
Book DescriptionAmerican 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 text, 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 programmes, 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 questions about the future of the American legal system.
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Book DetailsISBN: 9780674012417
(227mm x 146mm x 20mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 2-Sep-2003
Country of Publication: United States
Books By Author Robert A. Kagan
Consequential Courts, Paperback (April 2013)
Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.
Looking Back at Law's Century, Hardback (May 2002)
This book describes a century of tremendous legal change, of inspiring legal developments, and profound failures. The twentieth century took the United States from the Progressive Era's optimism about law and social engineering to current concerns...
Regulatory Encounters, Paperback (September 2000)» View all books by Robert A. Kagan
Reports on a study of how government regulation of business in the United States differs in practice from regulation in other economically advanced democracies. This book analyzes regulatory systems including aspects of environmental protection, product safety, debt collection, employees' rights, and patent protection.
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Author Biography - Robert A. Kagan
Robert A. Kagan is Professor of Law and Political Science at the University of California, Berkeley.
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