"Adversarial legalism" in the German system of industrial relations?

摘要: The US has a distinctive legal style, which Robert Kagan called “adversarial legalism.” It is marked by pattern of political decisionmaking and conflict resolution in the courtrooms law are systematically exploited as arenas for making implementing settlements policy outlines. In this article it argued that “German way” adversarial legalism about to emerge German industrial relations system. Economic liberalization, fragmentation decentralization lawmaking authority sphere, common-law-like nature labor have contributed appearance judicialized governance. Nonetheless, Germany not converging on “American way law” major differences expected persist years come.