Download A Nation of Adversaries: How the Litigation Explosion Is by Patrick M. Garry PDF

By Patrick M. Garry

ISBN-10: 0306455641

ISBN-13: 9780306455643

ISBN-10: 1489966048

ISBN-13: 9781489966049

A kingdom of Adversaries: How the Litigation Explosion Is Reshaping the United States brilliantly examines why our tradition has been more and more crowding courthouses and fueling the expansion of the attorney inhabitants, pitting us opposed to one another. Dr. Patrick Garry, knowledgeable at the impact of the courts on American society, insightfully issues out that our becoming litigant-oriented frame of mind is reinforcing a self-centered tradition of undue expectation and entitlement. The office, the study room, the bed room, or even the playground have gotten extra combative. With expanding gridlock, acrimony, and ideological war, the political enviornment has particularly come to resemble extra a court docket than an enviornment for concordance. The values assisting democracysuch as compromise and consensus - were subverted via tenacity and aggressiveness. In mild of the recent litigation democracy, the individual's correct to sue is valued greater than his or her correct to vote. the writer additionally analyzes how the exposure bestowed upon particular complaints "teaches" the general public to spot and assert new methods of being a sufferer. therefore, staff are sufferers in their employers, young children sufferers in their mom and dad, and scholars sufferers in their lecturers. In encouraging new different types of victim-plaintiffs and promising profitable rewards to strength sufferers, litigation additionally fuels the hearth of treatment tradition. For a society enthusiastic about psychic therapeutic and emotional restoration, litigation is obvious as a logical continuation of the therapeutic method started in a therapist's workplace. more and more open to novel theories of mental accidents, the courts are reinforcing the healing bent so normal in sensationalistic speak exhibits and recoveryprograms. A kingdom of Adversaries is a candid examine litigation's invasion into our as soon as officially aware society, and is a clever remark at the construction of a brand new tradition of identification in the US.

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Extra resources for A Nation of Adversaries: How the Litigation Explosion Is Reshaping America

Sample text

1 It is where individuals compete for a piece of the American dream. With the Iitigation explosion, the frontier has moved to the courthouse, where the litigant pioneers rush to claim their fame and fortune. Just as once did the Western frontier, the litigation frontier now serves as the safety valve of a tense nation-where individuals get one more chance. And like the Western frontier, the Iitigation frontier encompasses the battleground where America's cultural colonizing is taking place. On the Iitigation frontier, innovative explorers are continually discovering new territory.

In 1996, a New York City high school senior sued her school in a dispute over who was to be named as dass valedictorian. Teachers get sued if they discipline some students or get too friendly toward others. Coaches have been sued if certain children do not get picked for a sports team, or if once picked, they have not been chosen for certain honors. Parents have been sued by teachers who claimed they were being harassed, whereas teachers have been sued by parents claiming a right to 38 A Nation of Adversaries participate in their children's classroom education.

When the Commonwealth School of Law in Lowell, Massachusetts, shut down, four students sued the board of trustees. They asked for damages of $14 million to cover a lifetime of earnings that they claimed they would have received if they had been permitted to get their degrees and become lawyers. Although the figure seems quite high, perhaps it is not that outrageaus in a litigation age. The litigation explosion is not just producing more lawsuits, but it is also forcing the courts to govern ever more aspects of individual and sociallife.

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A Nation of Adversaries: How the Litigation Explosion Is Reshaping America by Patrick M. Garry


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