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Adversarial Legalism - The American Way of Law, Second Edition (Paperback, 2nd edition)
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Adversarial Legalism - The American Way of Law, Second Edition (Paperback, 2nd edition)
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In the first edition of this groundbreaking book, Robert Kagan
explained why America is much more adversarial-likely to rely on
legal threats and lawsuits-than other economically advanced
countries, with more prescriptive laws, more costly adjudications,
and more severe penalties. This updated edition also addresses the
rise of the conservative legal movement and anti-statism in the
Republican party, which have put in sharp relief the virtues of
adversarial legalism in its ability to empower citizens, lawyers,
and judges to mount challenges to the arbitrary or unlawful
exercise of government authority. "This is a wonderful piece of
work, richly detailed and beautifully written. It is the best,
sanest, and most comprehensive evaluation and critique of the
American way of law that I have seen. Every serious scholar
concerned with justice and efficiency, and every policymaker who is
serious about improving the American legal order, should read this
trenchant and exciting book." -Lawrence Friedman, Stanford
University "A tour de force. It is an elegantly written,
consistently insightful analysis and critique of the American
emphasis on litigation and punitive sanctions in the policy and
administrative process." -Charles R. Epp, Law and Society Review
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