Failures Of American Methods Of Lawmaking In Historical And Comparative Perspectives

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.

• | Author: James R. Maxeiner
• | Publisher: Cambridge University Press
• | Publication Date: Jun 13, 2019
• | Number of Pages: 366 pages
• | Language: English
• | Binding: Paperback
• | ISBN-10: 1108731937
• | ISBN-13: 9781108731935