| Description |
1 online resource (xi, 449 pages). |
|
text file |
| 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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| Bibliography |
Includes bibliographical references and index. |
| Contents |
"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 -- 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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Adversary system (Law) -- United States -- History -- 19th century.
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Adversary system (Law) |
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United States. |
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History. |
| Chronological Term |
19th century |
| Subject |
Conduct of court proceedings -- United States -- History -- 19th century.
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Conduct of court proceedings. |
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Procedure (Law) -- United States -- History -- 19th century.
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Procedure (Law) |
| Chronological Term |
1800-1899 |
| Genre/Form |
Electronic books.
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History.
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| Other Form: |
Print version: Kessler, Amalia D. Inventing American exceptionalism. New Haven ; London : Yale University Press, [2017] 9780300198072 (DLC) 2016944171 (OCoLC)946160300 |
| ISBN |
9780300224849 (electronic book) |
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0300224842 (electronic book) |
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9780300198072 (hardcover ; acid-free paper) |
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9780300222258 (paperback ; acid-free paper) |
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