Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

By: Philip K. Howard and James R. Maxeiner

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Synopsis: 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.

Book Quality:: Publisher Quality
ISBN-13:: 9781108187428
Related ISBNs:: 9781107198159, 9781107198159
Publisher:: Cambridge University Press
Date of Addition:: 06/14/18
Copyrighted By:: James R. Maxeiner
Adult content:: No
Language:: English
Has Image Descriptions:: No
Categories:: Nonfiction, Law, Legal Issues and Ethics, Politics and Government
Submitted By:: Bookshare Staff
Usage Restrictions:: This is a copyrighted book.