Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Challenges the myths of common law's superiority over statute law using newly available historical sources and a comparative law analysis. 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. "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."-- Back cover 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.