Defective and Corrupt Legislation, Vol. 22


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Excerpt from Defective and Corrupt Legislation, Vol. 22: The Cause and the Remedy Much of this thought-stagnation, on so important a subject, is doubtless due to the confidence that was felt, until the outbreak of the Civil War, that the organizers of our government were so wise in their application of the theories of government to practice that we could dispense for all time with thinking on the subject, and that, somehow, this department of human activity was an exception to the law of evolution and progress. We were taught to believe that governmental questions were solved for us by a superior intelligence. This indulgence in a fetichism which has. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.






















Failures of American Methods of Lawmaking in Historical and Comparative Perspectives


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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.




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