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Inventing American exceptionalism : the origins of American adversarial legal culture, 1800-1877 / Amalia D. Kessler.

By: Kessler, Amalia D.
Material type: TextTextSeries: JSTOR eBooks.Yale Law Library series in legal history and reference: Publisher: New Haven : Yale University Press, ©2017Description: 1 online resource (xi, 449 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 0300224842; 9780300224849.Subject(s): Sociological jurisprudence -- United States | Culture and law -- United StatesAdditional physical formats: Print version:: No titleDDC classification: 349.73 Online resources: Click here to view this ebook.
Contents:
Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity; Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York; Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification; Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition.
Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural OrderingChapter 6. The Freedmen'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; Appendix. An Overview of the Archives.
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KF380 .K47 2017 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1jktqtp Available ocn967392540

Includes bibliographical references and index.

Print version record.

Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity; Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York; Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification; Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition.

Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural OrderingChapter 6. The Freedmen'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; Appendix. An Overview of the Archives.

Reviews provided by Syndetics

CHOICE Review

As typically understood and perceived, the American legal system is a quintessentially adversarial enterprise at whose intellectual center are sparring lawyers zealously pursuing their clients' interests. However, as the title of Kessler's outstanding volume suggests, this was not always the case; instead, this system was "invented." How, by whom, and for what reasons? These are the questions Kessler (Stanford) unpacks. She adroitly shows that the adversarial system with which we are so familiar today, and which has become a central part of our litigious society--a system culturally personified by, for example, Perry Mason--emerged over the course of the 19th century for myriad reasons. As Kessler demonstrates, the replacement of the British common law focus on equity procedure (with which citizens of the early American Republic were so familiar) with adversarialism was the result of the fundamental sociopolitical, and market-driven changes in American society in the decades leading up to, and after, the Civil War. In short, in this engaging volume Kessler forces us to rethink the very foundations of the legal system with which we think we are so familiar. Summing Up: Highly recommended. Graduate students through professionals. --Helen J. Knowles, SUNY Oswego

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