Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Yale Law Library Series in Legal History and Reference

by Amalia D. Kessler

A highly engaging account of the developments-not only legal, but also socioeconomic, political, and cultural-that gave rise to Americans' distinctively lawyer-driven legal culture
When Americans imagine their legal system, it is the adversarial trial-dominated by dueling larger-than-life lawyers undertaking grand public performances-that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources-and by recovering neglected influences (including from Europe)-the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

464 pages, Kindle Edition

Published January 10, 2017

Reviews

[Juan Pablo Pantoja R. · Rating 5 out of 5]

The author, which shows why she's a rigorous legal historian and procedural law scholar, delves into the institutions that shaped American procedural traditions, at least in civil matters (and she's aware of that limitation). While she uses Florida and California as supporting episodes to the central NY argument, these detours feel thin compared to the New York chapters. Although she is explicit about this conscious decision I remain thinking if NY can or should be extrapolated to the rest of country.
California and Florida read more like appendixes added to shift the title from Inventing New York's Exceptionalism to Inventing American Exceptionalism. One thing to outstand is the way the author delves into Due Process and its current framing, making due process = adversarial process, and dividing roles becomes core to preserving independence.

Overall, is a highly specialized book. However if you're interested in exceptionalism and constitutional debates, not only in the core aspects of it but its nuances in procedure, this is an amazing book.

[Barron · Rating 4 out of 5]

A very good look at an undercovered topic.