Research Catalog
Inventing American exceptionalism : the origins of American adversarial legal culture, 1800-1877
- Title
- Inventing American exceptionalism : the origins of American adversarial legal culture, 1800-1877 / Amalia D. Kessler.
- Author
- Kessler, Amalia D.
- Publication
- New Haven ; London : Yale University Press, [2017]
- ©2017
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| Status | Format | Access | Call Number | Item Location |
|---|---|---|---|---|
Available - Can be used on site. Please visit New York Public Library - Schwarzman Building to submit a request in person. | Text | Use in library | JFE 17-4390 | Schwarzman Building - Main Reading Room 315 |
Details
- Description
- xi, 449 pages : illustrations, portraits; 25 cm
- 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"--Back cover.
- Series Statement
- Yale Law Library series in legal history and reference
- Uniform Title
- Yale Law Library series in legal history and reference.
- Subject
- Genre/Form
- History.
- Bibliography (note)
- Includes bibliographical references (pages 361-432) and index.
- 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.
- Call Number
- JFE 17-4390
- ISBN
- 9780300198072
- 0300198078
- 9780300222258
- 0300222254
- LCCN
- 2016944171
- OCLC
- 946160300
- Author
- Kessler, Amalia D., author.
- Title
- Inventing American exceptionalism : the origins of American adversarial legal culture, 1800-1877 / Amalia D. Kessler.
- Publisher
- New Haven ; London : Yale University Press, [2017]
- Copyright Date
- ©2017
- Type of Content
- text
- Type of Medium
- unmediated
- Type of Carrier
- volume
- Series
- Yale Law Library series in legal history and referenceYale Law Library series in legal history and reference.
- Bibliography
- Includes bibliographical references (pages 361-432) and index.
- Chronological Term
- 1800-1899
- Research Call Number
- JFE 17-4390