Jeb Barnes - Varieties of Legal Order: The Politics of Adversarial and Bureaucratic Legalism

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Varieties of Legal Order is a fitting tribute to Robert Kagan. It contains an important set of essays by a prominent group of scholars who explore Kagans seminal distinction between adversarial and bureaucratic legalism in ways that should be of interest to scholars in many of fields.

Herbert M. Kritzer, Marvin J. Sonosky Chair of Law and
Public Policy, University of Minnesota

This is a rich and diverse overview of the relationship between law, politics, and public policy. Leading scholars examine the political struggles over different forms of law and how those different forms shape social institutions. Varieties of Legal Order provides a thoughtful, nuanced introduction to a provocative set of conversations about the profusion of law across the globe.

Susan S. Silbey, Leon and Anne Goldberg Professor of Sociology and Anthropology,
and Professor of Behavioral and Policy Sciences, MIT

Varieties of Legal Order

Across the globe, law in all its variety is becoming more central to politics, public policy, and everyday life. For over four decades, Robert A. Kagan has been a leading scholar of the causes and consequences of the march of law that is characteristic of late 20th and early 21st century governance. In this volume, top sociolegal scholars use Kagans concepts and methods to examine the politics of litigation and regulation, both in the United States and around the world.

Through studies of civil rights law, tobacco politics, Eurolegalism, Russian auto accidents, Australian coal mines, and California prisons, these scholars probe the politics of different forms of law, and the complex path by which law on the books shapes social life. Like Kagans scholarship, Varieties of Legal Order moves beyond stale debates about litigiousness and overregulation, and invites us to think more imaginatively about how the rise of law and legalism will shape politics and social life in the 21st century.

Thomas F. Burke is Professor of Political Science at Wellesley College. His research focuses on the place of rights and litigation in public policy, and the ways in which organizations respond to rights laws. His most recent books are How Policy Shapes Politics (2015), coauthored with Jeb Barnes, and the ninth edition of Reason in Law (2016), coauthored with Lief Carter. In a stroke of extraordinary luck, his Ph.D. dissertation, Litigation and Its Discontents, was supervised by Robert Kagan. It won the 1996 Edwin S. Corwin Award for best dissertation in public law.

Jeb Barnes is Associate Professor of Political Science at the University of Southern California and a former Robert Wood Johnson Scholar in Health Policy Research. He is the author of five books and numerous peer-reviewed articles on the intersection of law, politics, and public policy and mixed-methods research strategies, most recently How Policy Shapes Politics (2015), coauthored with Thomas F. Burke, and Finding Pathways: Mixed-Method Research for Studying Causal Mechanisms (2014) coauthored with Nicholas Weller.

Law, Courts and Politics

Edited by Robert M. Howard
Georgia State University

In Democracy in America, Alexis de Tocqueville famously noted that scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question. The importance of courts in settling political questions in areas ranging from health care to immigration shows the continuing astuteness of de Tocquevilles observation. To understand how courts resolve these important questions, empirical analyses of law, courts and judges, and the politics and policy influence of law and courts have never been more salient or more essential.

Law, Courts and Politics was developed to analyze these critically important questions. This series presents empirically driven manuscripts in the broad field of judicial politics and public law by scholars in law and social science. It uses the most up to date scholarship and seeks an audience of students, academics, upper division undergraduate and graduate courses in law, political science and sociology, as well as anyone interested in learning more about law, courts and politics.

6Judicial Politics in Mexico

The Supreme Court and the Transition to Democracy

Edited by Andrea Castagnola and Sal Lpez Noriega

7Judicial Elections in the 21st Century

Edited by Chris W. Bonneau and Melinda Gann Hall

8Regulating Judicial Elections

Assessing State Codes of Judicial Conduct

C. Scott Peters

9Varieties of Legal Order

The Politics of Adversarial and Bureaucratic Legalism

Edited by Thomas F. Burke and Jeb Barnes

Varieties of Legal Order

The Politics of Adversarial and Bureaucratic Legalism

Edited by Thomas F. Burke and Jeb Barnes

First published 2018

by Routledge

711 Third Avenue, New York, NY 10017

and by Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

2018 Taylor & Francis

The right of Thomas F. Burke and Jeb Barnes to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Library of Congress Cataloging-in-Publication Data

Names: Barnes, Jeb, editor. | Burke, Thomas Frederick, editor.
Title: Varieties of legal order : the politics of adversarial and bureaucratic
legalism / Jeb Barnes and Thomas F. Burke, editors.
Description: Abingdon, Oxon [UK] ; New York : Routledge, 2017. |
Series: Law, courts, and politics | Includes bibliographical references
and index.
Identifiers: LCCN 2017014263 (print) | LCCN 2017016554 (ebook) |
ISBN 9780203095072 (Master) | ISBN 9781136211201 (WebPDF) |
ISBN 9781136211195 (ePub) | ISBN 9781136211157 (Mobipocket/
Kindle) | ISBN 9780415633383 (hardback : alk. paper) |
ISBN 9781138090477 (pbk. : alk. paper)
Subjects: LCSH: LawPolitical aspects. | Law (Philosophical concept) |
Adversary system (Law) | LawPhilosophy.
Classification: LCC K487.P65 (ebook) | LCC K487.P65 V45
2017 (print) | DDC 340/.115dc23
LC record available at https://lccn.loc.gov/2017014263

ISBN: 978-0-415-63338-3 (hbk)

ISBN: 978-1-138-09047-7 (pbk)

ISBN: 978-0-203-09507-2 (ebk)

Typeset in Bembo

by Apex CoVantage, LLC

Contents

Thomas F. Burke and Jeb Barnes

R. Shep Melnick

Michael McCann and William Haltom

Francesca Bignami and R. Daniel Kelemen

Kathryn Hendley

Neil Gunningham

Malcolm M. Feeley and Van Swearingen

Cary Coglianese

Thomas F. Burke and Jeb Barnes

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