Failures of American methods of lawmaking in historical and comparative perspectives
Author(s)
Bibliographic Information
Failures of American methods of lawmaking in historical and comparative perspectives
Cambridge University Press, 2018
- : hardback
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
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.
Table of Contents
- Part I. Introduction: 1. Introduction: of governments and laws
- 2. Common law is not an option
- Part II. What Americans Sought: A Government of Laws, Not of Men: 3. America's exceptionalism in 1876: systematizing of laws
- 4. Founding a government of laws
- 5. Building a government of laws in the first century of the republic
- Part III. What Americans Got: Deranged Laws: 6. A rule of lawyers: two centennials
- 7. From the gilded age to Google
- 8. Inviting comparison: a gift horse in two lands
- Part IV. What Americans Can Do: Improve Legal Methods: 9. Systematizing and simplifying statutes
- 10. Making laws for a government of laws
- 11. Federalism and localism
- 12. Constitutional review
- 13. Applying laws
- 14. Appendix: place of foreign law in American legal scholarship
- Suggestions for further reading
- Index.
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