Failures of American Methods of Lawmaking in Historical and Comparative Perspectives
- ISBN-10
- 1108195830
- ISBN-13
- 9781108195836
- Category
- Law
- Language
- English
- Published
- 2018-03-08
- Publisher
- Cambridge University Press
- Author
- James R. Maxeiner
Description
In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.
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- 2018-03-08
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- Cambridge University Press
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