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

Description

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. Contents Acknowledgments Introduction 1. The “Natural Elevation” of Equity 2. A Troubled Inheritance 3. The Non- Revolutionary Field Code 4. Cultural Foundations of American Adversarialism 5. Market Freedom and Adversarial Adjudication 6. The Freedmen’s Bureau Exception Conclusion Appendix Notes Index