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
34 Pages Posted: 26 Oct 2018 Last revised: 13 Jun 2019
Date Written: October 6, 2018
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.
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