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Inventing American exceptionalism / Amalia D. Kessler.

By: Material type: TextTextSeries: Yale Law Library series in legal history and referencePublisher: New Haven : Yale University Press, 2017Description: 1 online resource : illustrations (black and white)Content type:
  • text
  • still image
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780300224849
Subject(s): Additional physical formats: Print version :: No titleDDC classification:
  • 347.73 23
LOC classification:
  • KF366.A75
Online resources: Summary: It is widely accepted that American procedure - and indeed American legal culture as a whole - are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have no history of how American adversarialism arose. This text provides such a history. It shows that the United States long employed not only lawyer-empowering adversarial procedure, but also various forms of more judge-dependent, quasi-inquisitorial procedure - including the equity tradition borrowed from England and, to a lesser extent, conciliation courts transplanted from continental Europe.
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Previously issued in print: 2017.

Includes bibliographical references and index.

It is widely accepted that American procedure - and indeed American legal culture as a whole - are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have no history of how American adversarialism arose. This text provides such a history. It shows that the United States long employed not only lawyer-empowering adversarial procedure, but also various forms of more judge-dependent, quasi-inquisitorial procedure - including the equity tradition borrowed from England and, to a lesser extent, conciliation courts transplanted from continental Europe.

Specialized.

Description based on online resource; title from home page (viewed on April 3, 2017).

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