Robert A. Kagan,
On Surveying the Whole Legal Forest, 28
Law & Soc. Inquiry
Available at: http://scholarship.law.berkeley.edu/facpubs/654
In response to comments posed by several legal scholars in a review symposium of his book 'Legalism: The American Way of Law,' Robert A. Kagan asserts that the book is not aimed to provide a systematic comparison between the legal system of the US and that of a particular country but it is for the large part a study of the American legal process. To stress his point, he goes on discussing the conceptualization of adversarial legalism, the evidentiary basis for the book's claims of American exceptionalism, the consequences of and evaluation of American adversarial legalism and the explanations of American exceptionalism.