Inventing American exceptionalism : the origins of American adversarial legal culture, 1800-1877 (Book, 2017) [WorldCat.org]
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Inventing American exceptionalism : the origins of American adversarial legal culture, 1800-1877

Author: Amalia D Kessler
Publisher: New Haven ; London Yale University Press 2017.
Series: Yale Law Library series in legal history and reference
Edition/Format:   Print book : EnglishView all editions and formats
Summary:
"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  Read more...
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Genre/Form: History
Document Type: Book
All Authors / Contributors: Amalia D Kessler
ISBN: 9780300222258 0300222254 0300198078 9780300198072
OCLC Number: 976414611
Description: xi, 449 Seiten : Illustrationen, 1 Portrait [der Verfasserin auf dem hinteren Umschlagdeckel]
Contents: The "natural elevation" of equity : quasi-inquisitorial procedure and the early nineteenth-century resurgence of equity A troubled inheritance : the English procedural tradition and its lawyer-driven reconfiguration in early nineteenth-century New York The non-revolutionary Field Code : democratization, docket pressures, and codification --
Cultural foundations of American adversarialism : civic republicanism and the decline of equity's quasi-inquisitorial tradition --
Market freedom and adversarial adjudication : the nineteenth-century American debates over (European) conciliation courts and the problem of procedural ordering --
Freedman's Bureau exception : the triumph of due (adversarial) process and the dawn of Jim Crow --
Conclusion : The question of American exceptionalism and the lessons of history.
Series Title: Yale Law Library series in legal history and reference
Responsibility: Amalia D. Kessler.

Abstract:

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  Read more...

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Inventing American Exceptionalism by Amalia Kessler won the 2018 John Phillip Reid Book Award given by the American Society for Legal History"Adversarial procedure's presence is old. But America's Read more...

 
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