xxix, 336 pages : illustrations ; 24 cm
9781107198159 hardcover 1107198151 hardcover
"In this book, [the author] 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. [The authors] offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, [the author] 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."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction: Of governments and laws America's exceptionalism in 1876 : systematizing laws Common law is not an option Founding a government of laws Building a government of laws in the first century of the republic The rise and fall of codes fin de siècle Historical epilogue : from past to present Inviting comparison : a gift horse in two lands Systematizing and simplifying statutes Lawmaking for the common good Federalism and localism Constitutional review Applying laws Conclusion: Learning from others Appendix. The foreign law controversy and the fate of civil law scholarship in American law schools.
KF4945 .M39 2018
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2018.