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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
Year by year, law seems to penetrate ever larger realms of
social, political, and economic life, generating both praise and
blame. Nonet and Selznick's Law and Society in Transition explains
in accessible language the primary forms of law as a social,
political, and normative phenomenon. They illustrate with great
clarity the fundamental difference between repressive law, riddled
with raw conflict and the accommodation of special interests, and
responsive law, the reasoned effort to realize an ideal of
polity.
To make jurisprudence relevant, legal, political, and social
theory must be reintegrated. As a step in this direction, Nonet and
Selznick attempt to recast jurisprudential issues in a social
science perspective. They construct a valuable framework for
analyzing and assessing the worth of alternative modes of legal
ordering. The volume's most enduring contribution is the authors'
typology-repressive, autonomous, and responsive law. This typology
of law is original and especially useful because it incorporates
both political and jurisprudential aspects of law and speaks
directly to contemporary struggles over the proper place of law in
democratic governance.
In his new introduction, Robert A. Kagan recasts this classic
text for the contemporary world. He sees a world of responsive law
in which legal institutions-courts, regulatory agencies,
alternative dispute resolution bodies, police departments-are
periodically studied and redesigned to improve their ability to
fulfill public expectations. Schools, business corporations, and
governmental bureaucracies are more fully pervaded by legal values.
Law and Society in Transition describes ways in which law changes
and develops. It is an inspiring vision of a politically responsive
form of governance, of special interest to those in sociology, law,
philosophy, and politics.
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