Power to the legal professionals: Is there an Americanization of European law?

摘要: Twelve years ago, Robert Kagan asked “Should Europe worry about adversarial legalism?” He answered this question with a qualified “no,” and identified number of sources resistance to such trend. More recently, he broadened the issue in journal by asking whether European countries experience an “Americanization” their legal systems. The articles Symposium on Americanization Law all revisit that question. present article introduces topic, discusses elements make up legalism, summarizes compares findings Symposium. find increase one dimension namely, more is, litigation, formalism, verdicts interfering politics, but hardly any adversarialism. Tenacious pre-existing national political cultures institutions resist further move direction American style legalism. mix politicization, overlaid hierarchic authority courts functionaries has, however, strengthened societal power judiciary vis-a-vis other powers. A professional elite is increasingly making choices democratic society ought be made representatives. Perhaps should this.