Inventing American Exceptionalism

The Origins of American Adversarial Legal Culture, 1800-1877

Nonfiction, Reference & Language, Law, Civil Procedure, Legal History, History, Americas, United States, 19th Century
Cover of the book Inventing American Exceptionalism by Amalia D. Kessler, Yale University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Amalia D. Kessler ISBN: 9780300224849
Publisher: Yale University Press Publication: January 10, 2017
Imprint: Yale University Press Language: English
Author: Amalia D. Kessler
ISBN: 9780300224849
Publisher: Yale University Press
Publication: January 10, 2017
Imprint: Yale University Press
Language: English
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.
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
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.

More books from Yale University Press

Cover of the book On Being a Language Teacher by Amalia D. Kessler
Cover of the book The Danube by Amalia D. Kessler
Cover of the book Kabbalah in Italy, 1280-1510: A Survey by Amalia D. Kessler
Cover of the book Money and Government by Amalia D. Kessler
Cover of the book First Strike: America, Terrorism, and Moral Tradition by Amalia D. Kessler
Cover of the book Wellington's Wars: The Making of a Military Genius by Amalia D. Kessler
Cover of the book Passchendaele by Amalia D. Kessler
Cover of the book Gandhi by Amalia D. Kessler
Cover of the book Age of Delirium by Amalia D. Kessler
Cover of the book Thomas Aquinas by Amalia D. Kessler
Cover of the book Across Legal Lines by Amalia D. Kessler
Cover of the book Visions of a New Land: Soviet Film from the Revolution to the Second World War by Amalia D. Kessler
Cover of the book The Bride and the Dowry: Israel, Jordan, and the Palestinians in the Aftermath of the June 1967 War by Amalia D. Kessler
Cover of the book Spy Capitalism by Amalia D. Kessler
Cover of the book Groucho Marx by Amalia D. Kessler
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy