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The paper explains how adversarial legalism leads to unnecessary civil suits and is costing all Americans billions in taxes. The paper presents the argument that by restructuring our courts to model a more hierarchical system, such as bureaucratic legalism, we can prevent our nation from wastefully spending valuable resources and time on unnecessary claims and improve the efficiency of our courts. The paper notes the challenges with creating an entirely new formal legal system, but still maintains that a switch to bureaucratic legalism will be economically and socially beneficial to the United States.
From the Paper:"Adversarial Legalism continues to be the preferred method of litigation for most Americans because of its accessibility, but because of the considerable amount of inefficiency associated with it, a new legal system should be considered. In simple terms, Adversarial Legalism is a core set of values that the U.S. courts are structured upon. These values, (hereinafter American Creed) are based loosely on our constitution and stress the importance of liberty and freedom from our government. Though over the last 60 years, this theory has contributed to many societal problems due to the way our courts are inherently structured. Professor of Political Science, Alan Tarr, explains how the rules regarding litigation "have changed dramatically since the 1950's," and "transformed the standards for determining liability, abolished long-standing immunities from suits, and reduced or eliminated many other barriers that plaintiffs face in recovering damages for injuries they have suffered" ("Judicial" 321). Though these decreased standards are byproducts our American Creed, the country also has a contracted obligation within the courts to seek the truth and justice, but things like frivolous cases, tort law, and the increase of judicial costs have counteracted these responsibilities."
Sample of Sources Used:
- Barnes, John E. Law, Politics, and Public Policy Lecture. University of Southern California. n.p. 15 Sept. 2009. Lecture.
- Bialik, Carl. How Much Are Frivolous Lawsuits Really Costing You? The Wall Street Journal. April, 2007. Web. 1 Nov. 2009.
- Henry, John B. Fortune 500: The Total Cost Of Litigation Estimated At One-Third Profits. The Metropolitan Corporate Counsel. ELaw Forum. February, 2008. Web. 1 Nov. 2009.
- Jackson, David. Obama team makes it official: Budget deficit hits record. By a lot. USA Today: The Oval. 16 Oct. 2009. Web. 3 Nov.
- Kagan, Robert A. Adversarial Legalism: The American Way of Law. Harvard University Press, 2003. Print.
Cite this Persuasive Essay:
Adversarial Legalism (2010, March 28) Retrieved June 16, 2019, from https://www.academon.com/persuasive-essay/adversarial-legalism-119038/
"Adversarial Legalism" 28 March 2010. Web. 16 June. 2019. <https://www.academon.com/persuasive-essay/adversarial-legalism-119038/>