Cover: Adversarial Legalism: The American Way of Law, from Harvard University PressCover: Adversarial Legalism in PAPERBACK

Adversarial Legalism

The American Way of Law

Add to Cart

Product Details

PAPERBACK

$33.00 • £26.95 • €29.50

ISBN 9780674012417

Publication Date: 09/01/2003

Short

352 pages

2 tables

World

Related Subjects

Share This

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 a thoughtful and cogently argued 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 insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.

Recent News

From Our Blog

Jacket: Our Universe: An Astronomer’s Guide, by Jo Dunkley, from Harvard University Press

Q&A with Jo Dunkley, author of Our Universe: An Astronomer’s Guide

Jo Dunkley combines her expertise as an astrophysicist with her talents as a teacher and writer in Our Universe: An Astronomer’s Guide, a lively and exceptionally clear introduction to the structure and history of the universe and its enduring mysteries. We spoke with her about the book and her seemingly limitless topic.

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library (loebclassics.com) extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.