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Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 9781107198159
Published In: May 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 would be a solution for the American legal system as well.

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: