000 01963cam a2200241 i 4500
999 _c37690
_d37690
020 _a9781107198159 (hardback)
041 _aEnglish.
082 0 0 _a328.73077
_bMAX-F
100 1 _aMaxeiner, James,
_eauthor.
245 1 0 _aFailures of American methods of lawmaking in historical and comparative perspectives /
_cJames R. Maxeiner ; with a forward by Philip K. Howard.
260 _aCambridge :
_bCambridge University Press,
_c2018.
300 _axxix, 336p.
_billustrations ;
504 _aIncludes bibliographical references and index.
505 0 _aWhat Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.
520 _aIn 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.
546 _aEnglish.
650 0 _aLegislation
_zUnited States
_xHistory and criticism.
650 0 _aParliamentary practice
_zUnited States
_xHistory and criticism.
650 0 _aLaw
_zUnited States
_xHistory.
650 0 _aParliamentary practice
_zGermany.
650 0 _aLegislation
_vComparative studies.
942 _2ddc
_cBK