Abstract

http://ssrn.com/abstract=1582962
 


 



Imagining Judges that Apply Law: How They Might Do It


James R. Maxeiner


University of Baltimore - School of Law

2009

Penn State Law Review, Vol. 114, No. 2, 2009

Abstract:     
"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a simple-minded demand that is silly and misleading. A glance beyond our shores dispels the notion that the American public is naive to expect judges to apply rather than to make law.

American obsession with judicial lawmaking has its price: indifference to judicial law applying. If truth be told, practically we have no method for judges, as a matter of routine, to apply law to facts. Our failure leads American legal scholars to question whether applying law to facts is a necessary feature of civil procedure at all.

German civil justice does have a method for routinely applying law to facts. It is called, in German, the "Relationstechnik," that is, in English, literally "relationship technique." This article introduces it to American lawyers and judges and shows how it helps make German civil justice effective.

Number of Pages in PDF File: 16

Keywords: judges, jurisprudence, civil law, German civil law, German civil justice, judiciary, attorneys, lawyers, relationstechnik, civil procedure,

JEL Classification: K33, K19

working papers series


Download This Paper

Date posted: April 5, 2010  

Suggested Citation

Maxeiner, James R., Imagining Judges that Apply Law: How They Might Do It (2009). Penn State Law Review, Vol. 114, No. 2, 2009. Available at SSRN: http://ssrn.com/abstract=1582962 or http://dx.doi.org/10.2139/ssrn.1582962

Contact Information

James R. Maxeiner (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-4628 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 417
Downloads: 106
Download Rank: 145,156

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.562 seconds