000 | 01963cam a2200241 i 4500 | ||
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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 ; |
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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 |