Varieties of legal order : the politics of adversarial and bureaucratic legalism


Varieties of legal order : the politics of adversarial and bureaucratic legalism

edited by Thomas F. Burke and Jeb Barnes

(Law, courts and politics / edited by Robert M. Howard, 9)

Routledge, 2018

  • : pbk
  • : hbk

大学図書館所蔵 件 / 5



Includes bibliographical references and index



Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagan's concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world. Through studies of civil rights law, tobacco politics, "Eurolegalism," Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which "law on the books" shapes social life. Like Kagan's scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.


Notes on Contributors Acknowledgments 1. Introduction: What We Talk About When We Talk About Law [Thomas F. Burke and Jeb Barnes] 2. Adversarial Legalism, Civil Rights, and the Exceptional American State [R. Shep Melnick] 3. Seeing Through the Smoke: Adversarial Legalism and U.S. Tobacco Politics [Michael McCann and William Haltom] 4. Kagan's Atlantic Crossing: Adversarial Legalism, Eurolegalism, and Cooperative Legalism in European Regulatory Style [Francesca Bignami and R. Daniel Keleman] 5. Coping With Auto Accidents in Russia [Kathryn Hendley] 6. Overcoming the Disconnect: Internal Regulation and the Mining Industry [Neil Gunningham] 7. Devolving Standards: California's Structural Failures in Response to Prisoner Litigation [Malcolm M. Feeley and Van Swearingen] 8. Style Matters: On the Role of Pattern Analysis in the Study of Regulation [Cary Coglianese] 9. The Politics of Legalism [Thomas F. Burke and Jeb Barnes]

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