(DOWNLOAD) "Failures of American Methods of Lawmaking in Historical and Comparative Perspectives" by James R. Maxeiner * eBook PDF Kindle ePub Free
eBook details
- Title: Failures of American Methods of Lawmaking in Historical and Comparative Perspectives
- Author : James R. Maxeiner
- Release Date : January 31, 2018
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 16094 KB
Description
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.