Failures of American Methods of Lawmaking in Historical and Comparative Perspectives (Paperback) (ISBN-13: 9781108731935)

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 how it would be a solution for the American legal system as well.

Author: James R. Maxeiner
ISBN-10: 1108731937
ISBN-13: 9781108731935
Publisher: Cambridge University Press
Language: English
Published: 06/13/2019
Pages: 366
Format: Paperback
Weight: 1.08lbs
Size: 9.00h x 6.00w x 0.76d