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Challenges the myths of common law's superiority over statute law using newly available historical sources and a comparative law analysis.
Table des matières
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.
A propos de l'auteur
James R. Maxeiner is the Associate Director of the Center for International and Comparative Law at the University of Baltimore.
Résumé
This book shows laymen and professionals alike why America's legal system, based on common law, fails to provide rules that people can apply themselves, and how sensible statute law works elsewhere. Its historical aspect shows that Americans wanted legislative-made statutes and its comparative aspect details how another legal system succeeds.
