LiveZilla Live Chat Software
Register/Login Login Contact UsContacts BlogBlog
Cart Items : 0 | Cart Total : R0
Books > Business & Money > 0674006216
  1. Adversarial Legalism: The American Way of Law
    Adversarial Legalism: The American Way of Law
    Adversarial Legalism: The American Way of Law
    Image(s) provided for illustrative purposes and may differ from the actual product
  2. Adversarial Legalism: The American Way of Law

    Delivery: 10-20 Working Days
    Customer Ratings (5 reviews)
    Price R2211.00

Additional Information

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.

Similar Products

The Social Organization of Law: Introductory ReadingsWorking Law: Courts, Corporations, and Symbolic Civil Rights (Chicago Series in Law and Society)The Politics of Presidential Appointments: Political Control and Bureaucratic PerformanceA Civil ActionDistorting the Law: Politics, Media, and the Litigation Crisis (Chicago Series in Law and Society)Just Mercy: A Story of Justice and RedemptionMaking Policy, Making Law: An Interbranch Perspective (American Government and Public Policy)

Robert A. Kagan
Brand: Harvard University Press
Used Book in Good Condition
Harvard University Press
Harvard University Press
Harvard University Press
Harvard University Press
Most Helpful Customer Reviews

The book is a brilliant description about why similar problems abound in many different areas of law (criminal, civil, regulatory, social welfare). Adversarial legalism has its roots in fundamental mistrust of government in USA. This leads to multiple overlapping jurisdictions and the need to turn to the courts to achieve policy gains. Agency officials are hamstrung by so many requirements that they cannot apply their expertise. Instead we have a lawyer/judge centered system. Our system is less elite focused than in Europe/Japan but is also in many ways leads to less egalitarian outcomes and a decisionmaking process that takes years often without a corresponding benefit to justify the delays.

In sector after sector, Kagan demonstrates how the fracturing of authority between branches, agencies, and levels of government leads to policies that no one would describe as "first best" or even "second best" but rather ugly compromises between competing... Read more
Kagan is a political scientist and a lawyer who has no illusions about the shortcomings of the U.S. legal system. Unlike the "tort reform" crowd, he shares many of the political ideals of activist lawyers, but he does not share their delusions about the costs and benefits of the strategies they pursue. The American culture of adversarial legalism may fuel rights consciousness that encourages citizens to stand up for themselves, but also all too often under or over compensates victims, missing the target of consistent and fair compensation. The rhetoric of activist lawyers obscures the degree to which litigation impairs the basic functions of American government, obstructing the pursuit of social justice through government rather than the courts. NB, the author is not the "Of Paradise and Power" conservative Robert Kagan. This Kagan spent his career conducting comparative studies of the effectiveness of different regulatory strategies in increasing workplace safety, protecting the... Read more
This book was excellent to write on for my law school seminar in law and society in global perspective. It gave me many opportunities to select a focus from the many things that Kegan writes. I highly recommend the book.
Please Note

The authorised South African distributor of this product is under no obligation to honour the manufacture's guarantees/warranties or to provide after-sales service.

Please note that this item is imported from the USA, and is designed to be used in the USA. In addition, if the unit is powered it will come with a US plug and an adapter/transformer may be required. Please click here for more information on power requirements, or check with us if you are unsure or need any assistance!

Please also note that certain items cannot be imported, these include Alcohol, Animals, Batteries, Flammable Materials, Currency, Food, Furs, Chemicals, Explosives, Medications, Plants, Seeds, Supplements, Pressurized Cans, Tactical Equipment, Vitamins, Weaponry and Weaponry Accessories. In these cases, the item and information is displayed for reference purposes only. If you are not sure if we are permitted to bring an item, please send us an e-mail with a link to the item to confirm.

Please also ensure that you are ordering the correct item for your particular application as returns to the USA are costly. Product reviews are also provided for most of our items, which can give you a good idea for possible things to look out for and the quality of the item. By clicking Add to Cart, you are confirming that the item is correct and you accept the conditions listed here.