Regulatory Encounters reports on a path-breaking study of how government regulation of business in the United States differs in practice from regulation in other economically advanced democracies. In each of ten in-depth case studies, the contributors to this volume compare a particular multinational corporation's experience with parallel regulatory regimes in the United States and in Japan, Canada, Great Britain, Germany, The Netherlands, and the European Union, noting precisely which regulatory precautions were actually implemented in each country. The regulatory systems analyzed include aspects of environmental protection, product safety, debt collection, employees' rights, and patent protection. The studies in Regulatory Encounters indicate that the adversarial and legalistic character of American regulation imposes higher costs and delays on economic activity than comparable regulatory regimes in other economically advanced democracies, and often does not generate higher levels of protection for the public.

Regulatory Encounters: Multinational Corporations and American Adversarial Legalism (California Series in Law, Politics, and Society) (Volume 1)

Business & Money

Kagan, Robert A.

Axelrad, Lee

Economics

University of California Press

American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism." 
 Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods. 
 Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.

Adversarial Legalism: The American Way of Law

Law Practice

Harvard University Press

American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism."
Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods.
Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system.

In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial―likely to rely on legal threats and lawsuits―than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority.
“This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.” ―Lawrence Friedman, Stanford University
“A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.” ―Charles R. Epp, Law and Society Review

Adversarial Legalism: The American Way of Law, Second Edition

Rules & Procedures

Law and Society in Transition: Toward Responsive Law

Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

Politics & Social Sciences

Selznick, Philip

Nonet, Philippe

Sociology

Routledge

Regulatory Justice is based on a case study of two closely linked federal agencies―the Cost of Living Council (CLC) and the Office of Emergency Preparedness (OEP)―which administered a nationwide wage-price freeze in 1971.

Regulatory Justice: Implementing a Wage-Price Freeze

Russell Sage Foundation

What is regulation? Under what circumstances is it needed? What forms should it take? Such questions are especially relevant at a time in United States history when governmental involvement in decisions formerly left to individuals and business firms evokes concern on all sides of the political spectrum. In Going by the Book, Eugene Bardach and Robert A. Kagan address these questions and provide richly detailed descriptions of the dilemmas of enforcement in a broad variety of regulatory programs.The authors argue that the most successful forms of regulation emerge from a flexible rather than a legalistic method of implementation. Relying on extensive interviews with government agency officials and regulated businesses, they find that American techniques of regulation, by their very nature, frequently generate "regulatory unreasonableness," that is, governmental requirements that seem sensible in principle but that make little sense in particular situations. By exploring the roots and dynamics of regulatory unreasonableness and the ways in which some regulatory officials and programs avoid it, Going by the Book simultaneously illustrates the virtues of flexible regulatory enforcement and illuminates the political and practical obstacles to achieving that goal. In their new introduction, the authors discuss their findings in light of the twenty years that have passed since Going by the Book was first published. They explore the growth of regulation in recent years as well as many reforms, noting that while much has changed, much has not. They argue the United States remains torn between two competing visions of regulation: enforcing laws versus solving social problems. Thus, the deep insights into the regulatory process that Going by the Book provides continue to make it a mandatory work for public policymakers, experts in economics, government, and regulatory law, and students and teachers of political science, public policy, and sociolegal studies.

Going by the Book: The Problem of Regulatory Unreasonableness

Bardach, Eugene

Politics & Government

Temple Univ Pr

Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

See the best price to sell, buy, or rent books by Kagan, Robert A.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Kagan, Robert A.

See the best price to sell, buy, or rent books by Kagan, Robert A.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Regulatory Encounters: Multinational Corporations and American Adversarial Legalism (California Series in Law, Politics, and Society) (Volume 1)

Adversarial Legalism: The American Way of Law

Adversarial Legalism: The American Way of Law

Adversarial Legalism: The American Way of Law, Second Edition

Law and Society in Transition: Toward Responsive Law

Regulatory Justice: Implementing a Wage-Price Freeze

Going by the Book: The Problem of Regulatory Unreasonableness

Law and Society in Transition: Toward Responsive Law