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Justice without Law? : Resolving Disputes without Lawyers - Jerold S. Auerbach

Justice without Law?

Resolving Disputes without Lawyers

Paperback

Published: 29th March 1984
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Describes the disadvantages of litigation, looks at what the American legal system suggests about our society, and discusses arbitration, mediation, and conciliation, alternatives to our adversary approach to justice.

"An excellent work...on systems of nonjudicial dispute settlement used in various American communities throughout the country's history....Beautifully written."--Journal of American History "[Auerbach's] provocative essay is an important contribution."--American Historical Review "Admirably succinct and lucid...Auerbach is surely right in stressing that law and courts are essential in a highly individualistic society that proclaims fidelity to formal equality."--The New York Times Book Review "An insightful and scholarly historical survey of the myriad ways in which disputes have been handled 'outside' the law and usually, though not necessarily, without lawyers."--New York Law Journal "Auerbach masterfully chronicles how the American legal profession has consistently routed the forces of nonconfrontational dispute resolution throughout American history. The details are illuminating, the theme clear, the writing skillful."--American Political Science Review "A scholarly yet moving legal history of two conflicting emotions in America: the yearning for a shared and interdependent community versus the perhaps even stronger claims of individuals for their economic freedoms."--Judicature "This lively and penetrating exploration illuminates the complex relationship between law and community."--Marc Galanter, New York University "Auerbach's descriptions...comprise a complex and dramatic saga....Auerbach treats the reader to an entertaining and informative medley that would be either monotonous or cacophonous in the hands of a less skillful composer."--Harvard Law Review

Introductionp. 3
"In Brotherly Affection": Colonial Patternsp. 19
The Divided Legacy: From Bible Communism to Industrial Commonwealthp. 47
Law and Acculturation: Immigrant Experiencesp. 69
The Commercialization of Communityp. 95
The Legalization of Communityp. 115
Conclusionp. 138
Notesp. 148
Indexp. 177
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195034479
ISBN-10: 0195034473
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 198
Published: 29th March 1984
Publisher: Oxford University Press Inc
Country of Publication: US
Dimensions (cm): 22.45 x 13.67  x 1.19
Weight (kg): 0.18