Overview

An examination of various types of litigation - arbitration, mediation, and conciliation.

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9780195034479

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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

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

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