American Adversarialism

Kritzer, Herbert M.

doi:10.1111/j.0023-9216.2004.03802011.x

Law Soc Rev

2004

DOI: 10.1111/j.0023-9216.2004.03802011.x

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American Adversarialism

Herbert M. Kritzer¹

Abstract: Adversarial Legalism: The American Way of Law. By Robert A. Kagan. Cambridge, MA: Harvard University Press, 2002. 339 pp. Hardcover $49.95. ISBN: 0‐674‐00621‐6.

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Cited by 3 publications

References 64 publications

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Procedure Weak or Strong Understanding the Limits of Political Inquiries

Schank¹,

Michaeler²,

Scheffer³

2010

Arch. eur. sociol.

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The authors contrast two political inquiries in light of Luhmann’s system theory of procedure. The article asks whether and to what extent these inquiries can be considered as procedural systems, meaning as distinct frames of action that generate specific meanings and relevancies. Starting from the micro-sociological analysis of interactions in the British “Hutton Inquiry” and the European Union’s “CIA Inquiry” the authors reconstruct the specific functionalities of each with regard to their different ways of engaging and enabling self-referential processes of communication, knowledge production, and decision-making. As a system, each merges these three processes into a consistent, relatively strong or weak procedure, but they do so to different degrees. Overall, the article encourages a sociological understanding of the procedural mechanism as well as an empirical qualification and variation of system-theoretical assertions.

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Procedure Weak or Strong Understanding the Limits of Political Inquiries

Schank¹,

Michaeler²,

Scheffer³

2010

Arch. eur. sociol.

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Have climate sceptics taken the bait? What the deconstruction of instrumental climate records can tell us about the politics of climate change

Hampel¹

2016

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In the USA, more so than anywhere else, resistance against the government regulation of carbonbased lifestyles is tied to claims against the veracity of the scientific climate knowledge and the theory of anthropogenic global warming (AGW). In their deconstruction of what some consider a critical empirical test of AGW, self-styled climate sceptics exploit the paradox of scientific authority, highlighting the 'placefulness' of a supposedly placeless climate science. The controversy about the empirical observation of 20th-century temperature change directs our attention to the role of place, in its dual sense as locality and social rank, in the making of authoritative scientific knowledge and the climate change controversy. This paper debates whether the deconstruction of instrumental surface temperature records will have the desired effect of undermining orthodox politics of climate change.

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The Costs and Benefits of American Policy-Making Venues

Ley¹

2014

Law Soc Rev

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Many law and policy scholars consider judges inimical to good public policymaking, and the criticisms they level on the judiciary implicitly reflect some of the concerns raised by Alexander Bickel and other critics. Despite the charge by critics that judges are institutionally ill equipped to participate in the policy‐making process and that legal processes are costly, there are reasons to believe otherwise. This article uses field interviews and three case studies of an environmental dispute in the Pacific Northwest to show that the judiciary can be an institutional venue that enhances public input, can be more inclusive than other venues, and produces positive‐sum outcomes when other venues cannot. The findings also suggest that legislative and agency policymaking are just as contentious and costly as judicial policy‐making processes.

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American Adversarialism

Abstract: Adversarial Legalism: The American Way of Law. By Robert A. Kagan. Cambridge, MA: Harvard University Press, 2002. 339 pp. Hardcover $49.95. ISBN: 0‐674‐00621‐6.

Cited by 3 publications

References 64 publications

Procedure Weak or Strong Understanding the Limits of Political Inquiries

Procedure Weak or Strong Understanding the Limits of Political Inquiries

Have climate sceptics taken the bait? What the deconstruction of instrumental climate records can tell us about the politics of climate change

The Costs and Benefits of American Policy-Making Venues

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