03194nam 22005295 450 991015741050332120230810001559.0978030022484910.12987/9780300224849(CKB)3710000000984175(MiAaPQ)EBC4773631(StDuBDS)EDZ0001661670(DE-B1597)486432(OCoLC)967392540(DE-B1597)9780300224849(EXLCZ)99371000000098417520190920d2017 fg engurcnu||||||||rdacontentrdamediardacarrierInventing American Exceptionalism The Origins of American Adversarial Legal Culture, 1800-1877 /Amalia D. KesslerNew Haven, CT :Yale University Press,[2017]©20171 online resource (462 pages)Yale Law Library Series in Legal History and ReferenceIncludes index.0-300-19807-8 0-300-22484-2 Includes bibliographical references and index.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 --IndexA 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.Yale Law Library series in legal history and reference.Sociological jurisprudenceUnited StatesCulture and lawUnited StatesUnited StatesfastSociological jurisprudenceCulture and law347.73Kessler Amalia D.1246544DE-B1597DE-B1597BOOK9910157410503321Inventing American Exceptionalism2890257UNINA