Maxeiner, James,
Failures of American methods of lawmaking in historical and comparative perspectives / James R. Maxeiner ; with a forward by Philip K. Howard. - Cambridge : Cambridge University Press, 2018. - xxix, 336p. illustrations ;
Includes bibliographical references and index.
What Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.
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.
English.
9781107198159 (hardback)
Legislation--History and criticism.--United States
Parliamentary practice--History and criticism.--United States
Law--History.--United States
Parliamentary practice--Germany.
Legislation--Comparative studies.
328.73077 / MAX-F
Failures of American methods of lawmaking in historical and comparative perspectives / James R. Maxeiner ; with a forward by Philip K. Howard. - Cambridge : Cambridge University Press, 2018. - xxix, 336p. illustrations ;
Includes bibliographical references and index.
What Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.
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.
English.
9781107198159 (hardback)
Legislation--History and criticism.--United States
Parliamentary practice--History and criticism.--United States
Law--History.--United States
Parliamentary practice--Germany.
Legislation--Comparative studies.
328.73077 / MAX-F