The system we developed is unique. Decisions that are often made by bureaucracies in other countries are made by judges in our country. Robert Kagan, a law professor at the University of California, Berkeley, calls it adversarial legalism. “It is only a slight oversimplification to say that in the United States, lawyers, legal rights, judges, and lawsuits become functional equivalents for the large central bureaucracies that dominate governance in the activist states of Western Europe,” he writes.84
