|
|
|
 Adversarial Legalism: The American Way of Law
Robert Kagan
Harvard, September 2003
Robert A. Kagan, Professor of Political Science and Law at the University of
California, Berkeley, is a CG Advisory Board Member. His recent book examines
the roots and consequences of America's adversarial style of dispute resolution.
Book Description:
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.
When you buy Adversarial Legalism: The American Way of Law using the Amazon.com link above, a portion of the profits will go to support
Common Good. | |
