Product Name: Failures of American Methods of Lawmaking in Historical and Comparative Perspectives
Manufacturer: James R. (University of Baltimore) Maxeiner
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Product 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.
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