Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Synopsis

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.-- What Americans Sought -- What Americans Got : Deranged Laws -- What Americans Can Do : Improve Legal Methods. James R. Maxeiner ; With A Foreword By Philip K. Howard. Includes Bibliographical References And Index.