Adversarial Legalism: The American Way of Law” by Robert A. Kagan explores the distinctive nature of the American legal system. Kagan argues that the United States has a unique form of legalism, characterized by an adversarial and litigious approach to dispute resolution.
In this system, legal conflicts are resolved through courtroom battles, with lawyers zealously advocating on behalf of their clients. Kagan suggests that this adversarial legalism promotes an active and participatory role for individuals in pursuing their legal rights.
He also highlights the downsides of this approach, such as high litigation costs, lengthy legal proceedings, and an overreliance on the courts to address social and political issues. Kagan posits that the American legal system is particularly individualistic, emphasizing private rights and litigation as a means of dispute resolution.
Adversarial Legalism offers a critical analysis of the American legal tradition, examining how it shapes the country’s approach to law, dispute resolution, and the role of the courts in American society.