Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

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.