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作者:van Waarden, Frans; Hildebrand, Youri
作者单位:Utrecht University; Utrecht University
摘要:In 1997 Robert Kagan questioned whether European countries had to fear the coming of American style adversarial legalism. He answered this question with a qualified no. Today we are no longer so sure the answer is no, even in a country that Kagan considered the antipole of US adversarial legalism, the Netherlands, traditionally characterized by informal and consensual conflict resolution. In the present article we chart a trend of increasing juridification and legalism, that is, more formal an...
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作者:Rehder, Britta
作者单位:Max Planck Society
摘要:The US has a distinctive legal style, which Robert Kagan has called adversarial legalism. It is marked by a pattern of political decisionmaking and conflict resolution in which the courtrooms and the law are systematically exploited as political arenas for making and implementing political settlements and policy outlines. In this article it is argued that a German way of adversarial legalism is about to emerge in the German industrial relations system. Economic liberalization, the fragmentatio...
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作者:Cioffi, John W.
作者单位:University of California System; University of California Riverside
摘要:Recent reforms of corporate governance law and related litigation rules in the US and in Germany indicate that reports of the spread of adversarial legalism are greatly exaggerated. Politics and legislation in the US since the mid-1990s have turned quite decisively against shareholder litigation even as corporate governance and securities law reforms have expanded the role and scope of the regulatory state. Germany's extraordinary expansion of financial and corporate governance regulation sinc...
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作者:van Waarden, Frans
作者单位:Utrecht University
摘要:Twelve years ago, Robert Kagan asked Should Europe worry about adversarial legalism? He answered this question with a qualified no, and identified a number of sources of resistance to such a trend. More recently, he broadened the issue in this journal by asking whether European countries experience an Americanization of their legal systems. The articles in this Symposium on the Americanization of European Law all revisit that question. The present article introduces the topic, discusses the el...
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作者:Carruthers, Bruce G.
作者单位:Northwestern University
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作者:Viscusi, W. Kip
作者单位:Vanderbilt University
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作者:Fourcade, Marion
作者单位:University of California System; University of California Berkeley