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Failures of American methods of lawmaking in historical and comparative perspectives / James R. Maxeiner ; with a forward by Philip K. Howard.

By: Maxeiner, James [author.].
Publisher: Cambridge : Cambridge University Press, 2018Description: xxix, 336p. illustrations.ISBN: 9781107198159 (hardback).Subject(s): Legislation -- United States -- History and criticism | Parliamentary practice -- United States -- History and criticism | Law -- United States -- History | Parliamentary practice -- Germany | Legislation -- Comparative studiesDDC classification: 328.73077
Contents:
What Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.
Summary: 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.
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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.

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