1.

Record Nr.

UNINA9910157410503321

Autore

Kessler Amalia D.

Titolo

Inventing American Exceptionalism : The Origins of American Adversarial Legal Culture, 1800-1877 / / Amalia D. Kessler

Pubbl/distr/stampa

New Haven, CT : , : Yale University Press, , [2017]

©2017

ISBN

9780300224849

Descrizione fisica

1 online resource (462 pages)

Collana

Yale Law Library Series in Legal History and Reference

Disciplina

347.73

Soggetti

Sociological jurisprudence - United States

Culture and law - United States

United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Includes index.

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

Frontmatter -- Contents -- Acknowledgments -- Introduction -- 1. The "Natural Elevation" of Equity -- 2. A Troubled Inheritance -- 3. The Non- Revolutionary Field Code -- 4. Cultural Foundations of American Adversarialism -- 5. Market Freedom and Adversarial Adjudication -- 6. The Freedmen's Bureau Exception -- Conclusion -- Appendix -- Notes -- Index

Sommario/riassunto

A highly engaging account of the developments-not only legal, but also socioeconomic, political, and cultural-that gave rise to Americans' distinctively lawyer-driven legal culture 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 sources-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.