Failures of American Methods of Lawmaking in Historical and Comparative Perspectives

Failures of American Methods of Lawmaking in Historical and Comparative Perspectives
Author :
Publisher : Cambridge University Press
Total Pages : 605
Release :
ISBN-10 : 9781108187428
ISBN-13 : 1108187420
Rating : 4/5 (28 Downloads)

Synopsis Failures of American Methods of Lawmaking in Historical and Comparative Perspectives by : James R. Maxeiner

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.

Comparative Law

Comparative Law
Author :
Publisher : Cambridge University Press
Total Pages : 591
Release :
ISBN-10 : 9781108840859
ISBN-13 : 110884085X
Rating : 4/5 (59 Downloads)

Synopsis Comparative Law by : Mathias Siems

Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.

The Federalist Papers

The Federalist Papers
Author :
Publisher : Read Books Ltd
Total Pages : 420
Release :
ISBN-10 : 9781528785877
ISBN-13 : 1528785878
Rating : 4/5 (77 Downloads)

Synopsis The Federalist Papers by : Alexander Hamilton

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.

How Our Laws are Made

How Our Laws are Made
Author :
Publisher :
Total Pages : 72
Release :
ISBN-10 : PURD:32754073527669
ISBN-13 :
Rating : 4/5 (69 Downloads)

Synopsis How Our Laws are Made by : John V. Sullivan

Comparative Constitutional Law

Comparative Constitutional Law
Author :
Publisher : Edward Elgar Publishing
Total Pages : 681
Release :
ISBN-10 : 9780857931214
ISBN-13 : 0857931210
Rating : 4/5 (14 Downloads)

Synopsis Comparative Constitutional Law by : Tom Ginsburg

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.

Encyclopedia of Law & Society: F-O

Encyclopedia of Law & Society: F-O
Author :
Publisher :
Total Pages : 568
Release :
ISBN-10 : STANFORD:36105134433528
ISBN-13 :
Rating : 4/5 (28 Downloads)

Synopsis Encyclopedia of Law & Society: F-O by : David Scott Clark

Provides more than seven hundred alphabetical entries covering the interaction of law and society around the globe, including the sociology of law, law and economics, law and political science, psychology and law, and criminology.

The Oxford Handbook of the American Congress

The Oxford Handbook of the American Congress
Author :
Publisher : OUP Oxford
Total Pages : 1444
Release :
ISBN-10 : 9780191628269
ISBN-13 : 0191628263
Rating : 4/5 (69 Downloads)

Synopsis The Oxford Handbook of the American Congress by : Eric Schickler

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

Interpreting Constitutions

Interpreting Constitutions
Author :
Publisher : Oxford University Press
Total Pages : 372
Release :
ISBN-10 : 9780199274130
ISBN-13 : 0199274134
Rating : 4/5 (30 Downloads)

Synopsis Interpreting Constitutions by : Jeffrey Denys Goldsworthy

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

The Antitrust Paradox

The Antitrust Paradox
Author :
Publisher :
Total Pages : 536
Release :
ISBN-10 : 1736089714
ISBN-13 : 9781736089712
Rating : 4/5 (14 Downloads)

Synopsis The Antitrust Paradox by : Robert Bork

The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Congressional Record

Congressional Record
Author :
Publisher :
Total Pages : 1414
Release :
ISBN-10 : UCR:31210026415578
ISBN-13 :
Rating : 4/5 (78 Downloads)

Synopsis Congressional Record by : United States. Congress

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)