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  3. Failures of American Methods of Lawmaking in Historical and Comparative Perspectives
  • Cited by 3
Publisher:
Cambridge University Press
Online publication date:
February 2018
Print publication year:
2018
Online ISBN:
9781108182195
DOI:
https://doi.org/10.1017/9781108182195
Subjects:
Area Studies, American Studies, American Government, Politics and Policy, Law, Comparative Law, Politics and International Relations
Information

Book 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.

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