The American Way

 

Unlike many other democracies, the American democracy is adversarial. This means we work on the basis of disagreement. Our political parties, our laws and our courts are founded on the idea that the truth emerges when proponents of opposing positions argue and the people decide judge via a jury or a judge.

The adversarial system is derived from Roman law and it differs from the inquisitorial system which originates in the Napoleonic Code. Curiously, civil courts in the Great State of Louisiana continue to operate more inquisitorially, in accordance with their French heritage. In courtrooms, the adversarial system provides a bigger more dramatic role for attorneys whereas the inquisitorial system entails more probing by the court.

Our adversarial system spills into politics and the two party system which provides a winner and a loser in elections. Thus, for better or for worse, our politics are contested and our government works more on the basis of compromise rather than of collaboration.

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In the United States, we do best when we have two strong parties. When one of the parties begins to fall apart, things get out of control. Independent parties do little more than create upsets.

This year Americans are extraordinarily and almost evenly divided in their politics. Our nation is increasingly diverse and our opinions are significantly divided by demographics. Thus, whatever the outcome, a large number of people will be dissatisfied. Hopefully the winners will be able to keep us all calm, accepting and hopeful. But what if they are not able to accomplish this feat? The wait for the outcome is nerve racking.