Antagonist Quote by Charles Rembar
“Three features mark the Anglo-American system as different from all others. One is the extent to which our law is formed in litigation. Another feature is the way we conduct these cases: we pit antagonists against each other, to cast up from their struggles the material of decisions. A third- and largest in the public consciousness- is the trial by jury.”
About This Quote
Source Book: The Common Law and the Constitution by Charles Rembar, 1975
The Anglo‑American legal system relies heavily on adversarial litigation, using opposing parties to shape law, and it emphasizes jury trials as a public cornerstone.
In simple terms: Law is built through courtroom battles and juries.
Key Takeaway
Recognize how litigation shapes legal rules.
Themes
law
process
public participation
adversarial
jury system
Mood
analytical
critical
inquisitive
Type
legal
educational
philosophical
When to use this quote
- courtroom advocacy
- policy making
- citizen involvement
- legal education
Key Concepts
Adversarialism
Jury trial
Legal development
Questions to Reflect On
- How does adversarial litigation affect justice?
- Can alternative dispute methods complement jury trials?
A Different Perspective
Overemphasis on conflict can obscure collaborative problem solving.
