From Adversarial Legalism to Collaborative Problem-Solving: A Pragmatic Turn in American Criminal Justice

33 Pages Posted: 29 Mar 2010 Last revised: 2 Apr 2010

See all articles by Kony Kim

Kony Kim

University of California, Berkeley; University of California, Berkeley, School of Law

Date Written: April 2, 2010

Abstract

Adversarial legalism ("AL"), as Professor Robert Kagan argues, is the American way of law. It is caused by a mismatch between sweeping political demands and a fragmented government system, and it is entrenched by a legal culture that makes vigorous use of existing litigation mechanisms. This paper considers a recent phenomenon among public interest lawyers - a cultural shift from liberal legalism to legal pragmatism - and implications for AL. The author describes one case of legal pragmatism in action, in which state and non-state actors have collaborated to pioneer a problem-solving approach to “low-level” crime. This case, taken as an instance of a broader movement in U.S. criminal justice, illustrates how enterprising groups of legal professionals can catalyze structural changes that chip away at AL’s foundations.

Keywords: adversarial legalism, collaborative justice, criminal justice, liberal legalism, legal pragmatism, problem solving courts, red hook

JEL Classification: D7, K4

Suggested Citation

Kim, Kony, From Adversarial Legalism to Collaborative Problem-Solving: A Pragmatic Turn in American Criminal Justice (April 2, 2010). Western Political Science Association 2010 Annual Meeting Paper , Available at SSRN: https://ssrn.com/abstract=1580498

Kony Kim (Contact Author)

University of California, Berkeley

University of California, Berkeley, School of Law

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
116
Abstract Views
891
Rank
430,305
PlumX Metrics