| Series |
Yale Law Library series in legal history and reference.
Yale Law Library series in legal history and reference. ^A1041116
|
| 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. |
| Abstract |
"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"--Back cover. |
| Bibliography note | Includes bibliographical references (pages 361-432) and index. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Genre/form | Electronic books. |
| LCCN | 2016944171 |
| ISBN | 9780300198072 (hardback ; acid-free paper) |
| ISBN | 0300198078 (hardback ; acid-free paper) |
| ISBN | 9780300222258 (paperback ; acid-free paper) |
| ISBN | 0300222254 (paperback ; acid-free paper) |
