Description |
1 online resource (xi, 449 pages) |
Series |
Yale Law Library series in legal history and reference |
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Yale Law Library series in legal history and reference.
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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 |
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 judge-driven approaches to procedure. By drawing on a broad range of methods and source--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"--Book cover |
Bibliography |
Includes bibliographical references and index |
Notes |
Print version record |
Subject |
Adversary system (Law) -- United States -- History -- 19th century
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Conduct of court proceedings -- United States -- History -- 19th century
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Procedure (Law) -- United States -- History -- 19th century
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HISTORY -- United States -- 19th Century.
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Adversary system (Law)
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Conduct of court proceedings
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Procedure (Law)
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United States
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Genre/Form |
History
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Form |
Electronic book
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LC no. |
2016944171 |
ISBN |
9780300224849 |
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0300224842 |
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0300198078 |
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9780300198072 |
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0300222254 |
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9780300222258 |
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