Failures of American methods of lawmaking in historical and comparative perspectives / James R. Maxeiner ; with a foreword by Philip K. Howard.

Format:

Book

Author/Creator:

Maxeiner, James, author.

Language:

English

Subjects (All):

Legislation--United States--History and criticism.

Legislation.

Parliamentary practice--United States--History and criticism.

Parliamentary practice.

Law--United States--History.

Law.

Parliamentary practice--Germany.

Legislation--Comparative studies.

United States--Politics and government.

United States.

Physical Description:

1 online resource (xxix, 336 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2018.

Summary:

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.

Contents:

What Americans sought

What Americans got : deranged laws

What Americans can do : improve legal methods.

Notes:

Title from publisher's bibliographic system (viewed on 26 Feb 2018).

Includes bibliographical references and index.

ISBN:

1-108-18742-0

1-108-18219-4

1-108-19583-0