Restarting a Government of Laws in the United States of America

In A. Parise ed., Re‐ De‐ Co‐dification? New Insights on the Codification of Private Law,. Intersentia, Ius Commune Europaeum

University of Baltimore School of Law Legal Studies Research Paper # 2019-02

34 Pages Posted: 26 Oct 2018 Last revised: 13 Jun 2019

See all articles by James R. Maxeiner

James R. Maxeiner

University of Baltimore - School of Law

Date Written: October 6, 2018

Abstract

The America legal system is failing; it is losing its government of laws. Above all, its legal methods, its ways of making and applying law are, as most observers recognize, dysfunctional. This essay identifies eleven steps that Americans might take to restart a government of laws:

1. Celebrate the legislative in America’s founding.
2. Remember the statutory past.
3. Overcome common law myths.
4. Systematize existing laws.
5. Adopt laws that guide.
6. Rationalize lawmaking.
7. Take statutes’ validity seriously.
8. Take statutes’ meaning seriously.
9. Judge according to laws.
10. Coordinate federal and state governments and laws.
11. Learn from others.

Suggested Citation

Maxeiner, James R., Restarting a Government of Laws in the United States of America (October 6, 2018). In A. Parise ed., Re‐ De‐ Co‐dification? New Insights on the Codification of Private Law,. Intersentia, Ius Commune Europaeum; University of Baltimore School of Law Legal Studies Research Paper # 2019-02. Available at SSRN: https://ssrn.com/abstract=3261996

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)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
19
Abstract Views
251
PlumX Metrics