Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Law

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

By James R. Maxeiner
Cambridge University Press May 2018

Specifications

ISBN-13
9781107198159
Publisher
Cambridge University Press
Publication
May 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

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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