Share this
PREVIOUS ARTICLE ALL CONTENTS Next ARTICLE

How Policy Shapes Politics: Rights, Courts, Litigation, and the Struggle over Injury Compensation, Jeb Barnes and Thomas F. Burke

Reviewed by Lisa Marshall Manheim

BUY

 

It is easy, and unexceptional, to criticize litigation as a means of policymaking. Much more difficult, and rare, is demonstrating the extent to which litigation differs—for better or worse—from its alternatives.

Through an insightful and lively examination of injury compensation policies, How Policy Shapes Politics attempts such comparison by pitting two contrasting modes of policymaking, termed “adversarial legalism” and “bureaucratic legalism,” against one another. Three case studies selected by the authors illustrate the terms. The hierarchically determined rules and socialized funding of Social Security Disability Insurance provide an example of bureaucratic legalism. The waves of court battles defining the United States’ response to the asbestos crisis illustrate a form of adversarial legalism. The third case study—involving vaccines and the injuries they cause—features policy that fluctuates between the two poles.

By exploring the politics that are implicated over time and across these contrasting policy regimes, How Policy Shapes Politics considers a subtler critique of adversarial legalism—that it comes with too high a political cost—and finds that the much-maligned mode of policymaking fares surprisingly well. The authors’ evidence does not, for exampl

To continue reading, see options above.

About PSQ's Editor

ROBERT Y. SHAPIRO

Full Access

Join the Academy of Political Science and automatically receive Political Science Quarterly.

CONFERENCES & EVENTS

WEBINAR
The History and Future of Planetary Threats: Fareed Zakaria’s Ten Lessons for a Post-Pandemic World
December 8, 2020

MORE ABOUT THIS EVENT VIEW ALL EVENTS

Editor’s spotlight

Voting and the Electorate

The Racial Gap in Wait Times: Why Minority Precincts Are Underserved by Local Election Officials
STEPHEN PETTIGREW

The Impact of Voter Fraud Claims on Voter Registration Reform Legislation
MARGARET GROARKE

MORE ABOUT THIS TOPIC

Search the Archives

Publishing since 1886, PSQ is the most widely read and accessible scholarly journal with distinguished contributors such as: Lisa Anderson, Robert A. Dahl, Samuel P. Huntington, Robert Jervis, Joseph S. Nye, Jr., Theda Skocpol, Woodrow Wilson

view additional issues

Most read

Articles | Book reviews

Understanding the Bush Doctrine
Robert Jervis

The Study of Administration
Woodrow Wilson

Notes on Roosevelt's "Quarantine" Speech
Dorothy Borg

view all

New APS Book

Presidential Selection and Democracy   PRESIDENTIAL SELECTION AND DEMOCRACY

About US

Academy of Political Science

The Academy of Political Science, promotes objective, scholarly analyses of political, social, and economic issues. Through its conferences and publications APS provides analysis and insight into both domestic and foreign policy issues.

Political Science Quarterly

With neither an ideological nor a partisan bias, PSQ looks at facts and analyzes data objectively to help readers understand what is really going on in national and world affairs.

Stay Connected

newsstand locator
About APS