……法律和行政哲学与美国截然不同,而且我不觉得欧盟就比美国更腐败,甚至可以说更清廉。有一本我很喜欢的小书把这个议题讲得非常透彻,那就是 Robert Kagan 写的《Adversarial Legalism》。
…different legal and administrative philosophies from the US, and I don't think the EU is any more corrupt than the US, arguably less so. This subject is discussed very well in a favorite little book, Adversarial Legalism by Robert Kagan.
…common-law country myself I'd be very reluctant to give up that system in favor of a more civil one, warts and all. It is a real problem though. One book that addresses these problems well is Robert Kagan's Adversarial Legalism. As for the situation in the US, there's a school of thought that argues sufficient resolutions have been lodged with Congress to warrant a Constitutional Convention, and last Spring, Indiana, Georgia,…
你可能已经读过了,但我真的很喜欢 Robert Kagan 讨论这个话题的书《Adversarial Legalism》。http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/kaganal.h...
You've probably read it already, but I really enjoyed Robert Kagan's book Adversarial Legalism on this subject. http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/kaganal.h...
……这事儿我抱怨得实在太频繁了,所以就此打住,不过我想(再次)引用两本我认为批评得尤为精辟的书:Christopher Stuntz 的《The Collapse of American Criminal Justice》和 Robert Kagan 的《Adversarial Legalism》。简而言之,两本书都认为,审判法院(民事和刑事皆然)查明事实的功能,被日益繁复密集的程序性保护机制严重阻碍,以至于……
…I grumble about this too frequently already, so I'll stop here, but (re)cite two books I think make particularly succinct critiques: The Collapse of American Criminal Justice by Christopher Stuntz and Adversarial Legalism by Robert Kagan. In a nutshell, both argue that the fact-finding role of trial courts (civil as well as criminal) is seriously impeded by the ever-denser thicket of procedural protections, such that a…
…Even then, I don't want to blame the EFF too much, but to critique the peculiarly zero-sum American appraoch to resolving conflicts of interest, as discussed in this excellent book: http://www.amazon.com/Adversarial-Legalism-The-American-Way/...
I think that's actually an accurate characterization of the legal system. I highly recommend this book if you're interested: https://www.amazon.com/Adversarial-Legalism-American-Way-Law...
……法律和行政哲学与美国截然不同,而且我不觉得欧盟就比美国更腐败,甚至可以说更清廉。有一本我很喜欢的小书把这个议题讲得非常透彻,那就是 Robert Kagan 写的《Adversarial Legalism》。
…different legal and administrative philosophies from the US, and I don't think the EU is any more corrupt than the US, arguably less so. This subject is discussed very well in a favorite little book, Adversarial Legalism by Robert Kagan.
……我自己就身处普通法系国家,就算它毛病一堆,我也极不情愿放弃它去换成更偏大陆法系的体制。不过这确实是个真真切切的问题。Robert Kagan 的《Adversarial Legalism》就很好地探讨了这些问题。至于美国的情况,有一派观点认为,向国会递交的决议案已经足够多,足以召开修宪大会(Constitutional Convention)了,而去年春天,印第安纳州、佐治亚州……
…common-law country myself I'd be very reluctant to give up that system in favor of a more civil one, warts and all. It is a real problem though. One book that addresses these problems well is Robert Kagan's Adversarial Legalism. As for the situation in the US, there's a school of thought that argues sufficient resolutions have been lodged with Congress to warrant a Constitutional Convention, and last Spring, Indiana, Georgia,…
你可能已经读过了,但我真的很喜欢 Robert Kagan 讨论这个话题的书《Adversarial Legalism》。http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/kaganal.h...
You've probably read it already, but I really enjoyed Robert Kagan's book Adversarial Legalism on this subject. http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/kaganal.h...
……这事儿我抱怨得实在太频繁了,所以就此打住,不过我想(再次)引用两本我认为批评得尤为精辟的书:Christopher Stuntz 的《The Collapse of American Criminal Justice》和 Robert Kagan 的《Adversarial Legalism》。简而言之,两本书都认为,审判法院(民事和刑事皆然)查明事实的功能,被日益繁复密集的程序性保护机制严重阻碍,以至于……
…I grumble about this too frequently already, so I'll stop here, but (re)cite two books I think make particularly succinct critiques: The Collapse of American Criminal Justice by Christopher Stuntz and Adversarial Legalism by Robert Kagan. In a nutshell, both argue that the fact-finding role of trial courts (civil as well as criminal) is seriously impeded by the ever-denser thicket of procedural protections, such that a…
……即便如此,我也不想把锅都甩给 EFF,而是想批判美国人那种特有的、零和博弈式的利益冲突解决方式,这本好书对此有深入探讨:http://www.amazon.com/Adversarial-Legalism-The-American-Way/...
…Even then, I don't want to blame the EFF too much, but to critique the peculiarly zero-sum American appraoch to resolving conflicts of interest, as discussed in this excellent book: http://www.amazon.com/Adversarial-Legalism-The-American-Way/...
我觉得这其实相当精准地刻画了整个法律体系。如果你感兴趣,我强烈推荐这本书:https://www.amazon.com/Adversarial-Legalism-American-Way-Law...
I think that's actually an accurate characterization of the legal system. I highly recommend this book if you're interested: https://www.amazon.com/Adversarial-Legalism-American-Way-Law...