American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism."
Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods.
Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.
In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority.
“This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.”
—Lawrence Friedman, Stanford University
“A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.”
—Charles R. Epp, Law and Society Review
Challenging several longstanding notions about the American way of war, this book examines US strategic and operational practice from 1775 to 2014. It surveys all major US wars from the War of Independence to the campaigns in Iraq and Afghanistan, as well as most smaller US conflicts to determine what patterns, if any, existed in American uses of force. Contrary to many popular sentiments, Echevarria finds that the American way of war is not astrategic, apolitical, or defined by the use of overwhelming force. Instead, the American way of war was driven more by political considerations than military ones, and the amount of force employed was rarely overwhelming or decisive.
As a scholar of Clausewitz, Echevarria borrows explicitly from the Prussian to describe the American way of war not only as an extension of US policy by other means, but also the continuation of US politics by those means. The book’s focus on strategic and operational practice closes the gap between critiques of American strategic thinking and analyses of US campaigns. Echevarria discovers that most conceptions of American strategic culture fail to hold up to scrutiny, and that US operational practice has been closer to military science than to military art.
Providing a fresh look at how America’s leaders have used military force historically and what that may mean for the future, this book should be of interest to military practitioners and policymakers, students and scholars of military history and security studies, and general readers interested in military history and the future of military power.
Strangers and Kin is the history of adoption, a quintessentially American institution in its buoyant optimism, generous spirit, and confidence in social engineering. An adoptive mother herself, Barbara Melosh tells the story of how married couples without children sought to care for and nurture other people's children as their own. It says much about the American experience of family across the twentieth century and our shifting notions of kinship and assimilation. Above all, it speaks of real people striving to make families out of strangers.
In the early twentieth century, childless adults confronted orphanages reluctant to entrust their wards to the kindness of strangers. By the 1930s, however, the recently formed profession of social work claimed a new expertise--the science and art of child placement--and adoption became codified in law. It flourished in the United States, reflecting our ethnic diversity, pluralist ideals, and pragmatic approach to family. Then, in the 1960s, as the sexual revolution reshaped marriage, motherhood, and women's work, adoption became a less attractive option and the number of adoptive families precipitously declined. Taking this history into the early twenty-first century, Melosh offers unflinching insight to the contemporary debates that swirl around adoption: the challenges to adoption secrecy; the ethics and geopolitics of international adoption; and the conflicts over transracial adoption.
This gripping history is told through poignant stories of individuals, garnered from case records long inaccessible to others, and captures the profound losses and joys that make adoption a lifelong process.
In this provocative study, Paul Atwood attempts to show Americans that their history is one of constant wars of aggression and imperial expansion.
In his long teaching career, Atwood has found that most students know virtually nothing about America's involvement in the wars of the 20th century, let alone those prior to World War I. War and Empire aims to correct this, clearly and persuasively explaining US actions in every major war since the declaration of independence. The book shows that, far from being dragged reluctantly into foreign entanglements, America's leaders have always picked its battles in order to increase their influence and power, with little regard for the American soldiers and 'enemy' civilians killed or made to suffer in the process.
This book is an eye-opening introduction to the American way of life for undergraduate students of American history, politics and international relations.
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