Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

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Failures of American Methods of Lawmaking in Historical and Comparative Perspectives is written by James R. Maxeiner and published by Cambridge University Press. It's available with International Standard Book Number or ISBN identification 1108187420 (ISBN 10) and 9781108187428 (ISBN 13).

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.