Failures of American Methods of Lawmaking in Historical and Comparative Perspectives PDF Download
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Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1108187420
Category : Law
Languages : en
Pages :
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Book 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 how it would be a solution for the American legal system as well.
Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1108187420
Category : Law
Languages : en
Pages :
Get Book
Book 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 how it would be a solution for the American legal system as well.
Author: James Maxeiner
Publisher:
ISBN: 1107198151
Category : Law
Languages : en
Pages : 367
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Book Description
What Americans sought -- What Americans got : deranged laws -- What Americans can do : improve legal methods.
Author: Mathias Siems
Publisher: Cambridge University Press
ISBN: 110884085X
Category : Law
Languages : en
Pages : 591
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Book Description
Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.
Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1139504894
Category : Law
Languages : en
Pages :
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Book Description
Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.
Author: Alexander Hamilton
Publisher: Read Books Ltd
ISBN: 1528785878
Category : History
Languages : en
Pages : 455
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Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: John V. Sullivan
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 72
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Book Description
Author: Richard Rothstein
Publisher: Liveright Publishing
ISBN: 1631492861
Category : Social Science
Languages : en
Pages : 246
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Book Description
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Author: Eric Schickler
Publisher: OUP Oxford
ISBN: 0191628263
Category : Political Science
Languages : en
Pages : 944
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Book Description
No legislature in the world has a greater influence over its nation's public affairs than the US Congress. The Congress's centrality in the US system of government has placed research on Congress at the heart of scholarship on American politics. Generations of American government scholars working in a wide range of methodological traditions have focused their analysis on understanding Congress, both as a lawmaking and a representative institution. The purpose of this volume is to take stock of this impressive and diverse literature, identifying areas of accomplishment and promising directions for future work. The editors have commissioned 37 chapters by leading scholars in the field, each chapter critically engages the scholarship focusing on a particular aspect of congressional politics, including the institution's responsiveness to the American public, its procedures and capacities for policymaking, its internal procedures and development, relationships between the branches of government, and the scholarly methodologies for approaching these topics. The Handbook also includes chapters addressing timely questions, including partisan polarization, congressional war powers, and the supermajoritarian procedures of the contemporary Senate. Beyond simply bringing readers up to speed on the current state of research, the volume offers critical assessments of how each literature has progressed - or failed to progress - in recent decades. The chapters identify the major questions posed by each line of research and assess the degree to which the answers developed in the literature are persuasive. The goal is not simply to tell us where we have been as a field, but to set an agenda for research on Congress for the next decade. The Oxford Handbooks of American Politics are a set of reference books offering authoritative and engaging critical overviews of the state of scholarship on American politics. Each volume focuses on a particular aspect of the field. The project is under the General Editorship of George C. Edwards III, and distinguished specialists in their respective fields edit each volume. The Handbooks aim not just to report on the discipline, but also to shape it as scholars critically assess the scholarship on a topic and propose directions in which it needs to move. The series is an indispensable reference for anyone working in American politics. General Editor for The Oxford Handbooks of American Politics: George C. Edwards III
Author: United States. Congress
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 404
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Book Description
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
