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Inventing American Exceptionalism - The Origins of American Adversarial Legal Culture, 1800-1877 (Paperback)
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Inventing American Exceptionalism - The Origins of American Adversarial Legal Culture, 1800-1877 (Paperback)
Series: Yale Law Library Series in Legal History and Reference
Expected to ship within 10 - 15 working days
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A highly engaging account of the developments-not only legal, but
also socioeconomic, political, and cultural-that gave rise to
Americans' distinctively lawyer-driven legal culture When Americans
imagine their legal system, it is the adversarial trial-dominated
by dueling larger-than-life lawyers undertaking grand public
performances-that first comes to mind. But as award-winning author
Amalia Kessler reveals in this engrossing history, it was only in
the turbulent decades before the Civil War that adversarialism
became a defining American practice and ideology, displacing
alternative, more judge-driven approaches to procedure. By drawing
on a broad range of methods and sources-and by recovering neglected
influences (including from Europe)-the author shows how the
emergence of the American adversarial legal culture was a product
not only of developments internal to law, but also of wider
socioeconomic, political, and cultural debates over whether and how
to undertake market regulation and pursue racial equality. As a
result, adversarialism came to play a key role in defining American
legal institutions and practices, as well as national identity.
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