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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Failures of American Methods of Lawmaking in Historical and Comparative Perspectives (Paperback)
Loot Price: R980
Discovery Miles 9 800
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Failures of American Methods of Lawmaking in Historical and Comparative Perspectives (Paperback)
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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 how it
would be a solution for the American legal system as well.
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