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Failures of American Methods of Lawmaking in Historical and Comparative Perspectives, Paperback / softback Book

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:
  • Category: Jurisprudence & philosophy of law
  • ISBN: 9781108731935



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