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Inventing American Exceptionalism

The Origins of American Adversarial Legal Culture, 1800-1877. Yale Law Library Series in Legal History and Reference

By (author) Amalia D. Kessler
Format: Paperback / softback
Publisher: Yale University Press, United States
Published: 7th Mar 2017
Dimensions: w 152mm h 229mm d 26mm
Weight: 674g
ISBN-10: 0300222254
ISBN-13: 9780300222258
Barcode No: 9780300222258
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Synopsis
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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