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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

Name: Failures of American Methods of Lawmaking in Historical and Comparative Perspectives
Brand: Cambridge University Press
SKU: 9781107198159
Price: 1462.76 HKD
Availability: InStock
Author: James R. Maxeiner
ISBN: 9781107198159

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.

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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Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

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Table of Contents

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