Failures of American methods of lawmaking in historical and comparative perspectives

Maxeiner, James, author
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  • Creator James R. Maxeiner ; with a foreword by Philip K. Howard
  • Format Books
  • Publication Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2018. ©2018
  • Physical Details
    • xxix, 336 pages : illustrations ; 24 cm
  • ISBNs 9781107198159, 1107198151
  • OCLC ocn990803218


  • "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."--


  • Includes bibliographical references and index.


  • 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
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