Failures of American Methods of Lawmaking in Historical and Comparative Perspectives Paperback / softback
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.
- Format: Paperback / softback
- Pages: 366 pages, Worked examples or Exercises
- Publisher: Cambridge University Press
- Publication Date: 13/06/2019
- Category: Jurisprudence & philosophy of law
- ISBN: 9781108731935