Article
Cooperativism in the American Adversarial Tradition
40 Civil Justice Quarterly 283
(2021)
Abstract
American civil litigation is adversarial—both in the sense of fitting within the adversarial tradition of party-driven litigation followed in most common-law countries, and in the sense of being aggressively combative. Yet within U.S. civil litigation is an undercurrent of cooperativism. This essay uncovers cooperativism in the procedural rules and common party practice, and it situates cooperativism within both adversarialism and judicial managerialism. The essay argues that cooperativism is a story in its own right, one that should not be overlooked.
Keywords
- adversarialism,
- cooperation,
- common-law,
- civil law,
- common law,
- discovery,
- rule 1
Disciplines
Publication Date
Winter 2021
Citation Information
Scott Dodson. "Cooperativism in the American Adversarial Tradition" 40 Civil Justice Quarterly 283 (2021) Available at: http://works.bepress.com/scott_dodson/71/