American and European Ways of Law:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" American and European Ways of Law: "
Kagan, Robert A.

Document Type	:	AL
Record Number	:	917689
Doc. No	:	LA3kt912b3
Title & Author	:	American and European Ways of Law:. Six Entrenched Differences [Article]\ Kagan, Robert A.
Date	:	2006
Title of Periodical	:	UC Berkeley
Abstract	:	In the wake of intensified global economic competition, economic liberalization, waves of immigration, and the rise of European Union governance, many observers suggest that there has been a sharp diminution of the long-standing differences between hierarchically-organized European legal processes and the more fragmented, malleable “adversarial legalism” of the United States. It is not easy to find meaningful quantitative indicators of convergence (or of continued divergence) in systems as complex and multi-faceted as contemporary legal systems. I argue, however, that six salient features of the American way of law have not emerged and are unlikely to emerge in European legal systems.Two of these differences are structural or procedural: (1) the political nature and powerful remedial powers of American judiciaries; (2) the high levels of adversarial legalism in the American regulatory process. The next four differences are substantive, relating to differences in the content of bodies of law that are central to the experience of citizens: (3) laws and institutional practices that make American tort law uniquely threatening; (4) the more limited rights to social provision and employee protections that prevail in American law; (5) the less demanding obligations of American tax law; (6) America’s more punitive criminal sanctions, more permissive gun laws, and greater reliance on adversarial legalism in criminal adjudication and police accountability.