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Too Much Ice Cream or Tigers in the Bushes? Adversarial legalism as the American 'way of law'

Dr David Nelken
Distinguished Professor of Legal Institutions and Social Change, University of Macerata, Italy; Distinguished Research Professor of Law at Cardiff University, University of Wales and Honorary Visiting Professor of Law, LSE.
Email: Nelken@cardiff.ac.uk|

Date: 3 December 2002
Time: 1:00pm - 2:30pm
Venue
: CARR Seminar Room, H615

Abstract

David Nelken will offer a critical discussion of Robert Kagan's latest book 'Adversarial Legalism- the American way of Law' published by Harvard University Press in 2001.

The book claims that the USA suffers from an excess of adversarial legalism and needs to learn from Europe (including the UK) how to employ sounder methods of governance and regulation. Nelken will consider whether Kagan's contrast between the USA and the rest is convincing, and link this kind of endeavour to the question of how best to research 'legal culture' in a comparative context.

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