Failures of American methods of lawmaking in historical and comparative perspectives / James R. Maxeiner ; with a foreword by Philip K. Howard.
KF4945 .M39 2018 (Mapit)
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Author
Maxeiner, James, author.
Title
Failures of American methods of lawmaking in historical and comparative perspectives / James R. Maxeiner ; with a foreword by Philip K. Howard.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2018.
Copyright
©2018.
Description
xxix, 336 pages : illustrations ; 24 cm
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.
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.
Summary
"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.
Location
STA
Call Number
KF4945 .M39 2018
Language
English
ISBN
9781107198159 hardcover
1107198151 hardcover
1107198151 hardcover
Record Appears in
Monographs & Serials