Skip to content
Cart
Register Sign in Wishlist

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

$110.00

  • Date Published: March 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781107198159

$ 110.00
Hardback

Add to cart Add to wishlist

Other available formats:
eBook


Looking for an evaluation copy?

This title is not currently available for evaluation. However, if you are interested in the title for your course we can consider offering an evaluation copy. To register your interest please contact asiamktg@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • 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.

    • Encourages renewing systematization of America's laws
    • Facilitates finding the law by people and legal professions and focusing on facts
    • Legitimizes democratic lawmaking and better realizes the common good
    • Presents to the people one government of laws instead of competing and conflicting federal and state rules that delegitimize government
    Read more

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: March 2018
    • format: Hardback
    • isbn: 9781107198159
    • length: 358 pages
    • dimensions: 235 x 157 x 25 mm
    • weight: 0.62kg
    • availability: Available
  • Table of Contents

    Part I. Introduction:
    1. Introduction: of governments and laws
    2. Common law is not an option
    Part II. What Americans Sought: A Government of Laws, Not of Men:
    3. America's exceptionalism in 1876: systematizing of laws
    4. Founding a government of laws
    5. Building a government of laws in the first century of the republic
    Part III. What Americans Got: Deranged Laws:
    6. A rule of lawyers: two centennials
    7. From the gilded age to Google
    8. Inviting comparison: a gift horse in two lands
    Part IV. What Americans Can Do: Improve Legal Methods:
    9. Systematizing and simplifying statutes
    10. Making laws for a government of laws
    11. Federalism and localism
    12. Constitutional review
    13. Applying laws
    14. Appendix: place of foreign law in American legal scholarship
    Suggestions for further reading
    Index.

  • Author

    James R. Maxeiner, University of Baltimore
    James R. Maxeiner is the Associate Director of the Center for International and Comparative Law at the University of Baltimore in Maryland.

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×