UID:
almafu_9959282040602883
Format:
1 online resource (462 pages).
ISBN:
9780300224849
Series Statement:
Yale Law Library Series in Legal History and Reference
Content:
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.
Note:
Includes index.
,
Frontmatter --
,
Contents --
,
Acknowledgments --
,
Introduction --
,
1. The "Natural Elevation" of Equity --
,
2. A Troubled Inheritance --
,
3. The Non- Revolutionary Field Code --
,
4. Cultural Foundations of American Adversarialism --
,
5. Market Freedom and Adversarial Adjudication --
,
6. The Freedmen's Bureau Exception --
,
Conclusion --
,
Appendix --
,
Notes --
,
Index
,
In English.
Additional Edition:
ISBN 0-300-19807-8
Additional Edition:
ISBN 0-300-22484-2
Language:
English
DOI:
10.12987/9780300224849
Bookmarklink
