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| The Collapse of the Common Good: How America's Lawsuit Culture Undermines Our Freedom | 
 enlarge | Author: Philip K. Howard
Publisher: Ballantine Books
Category: Book
List Price: $14.00
Buy New: $3.95
You Save: $10.05 (72%)
Buy New/Used/Collectible from $1.90
Avg. Customer Rating:  (20 reviews)
Sales Rank: 603231
Languages: English (Original Language), English (Unknown), English (Published)
Media: Paperback
Number Of Items: 1
Pages: 272
Shipping Weight (lbs): 0.6
Dimensions (in): 8.2 x 5.9 x 0.7
ISBN: 034543871X
Dewey Decimal Number: 320
EAN: 9780345438713
ASIN: 034543871X
Publication Date: January 29, 2002
Release Date: January 29, 2002
Availability: Usually ships in 1-2 business days
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Product Description
In pursuit of fairness at any cost, we have created a society paralyzed by legal fear: Doctors are paranoid and principals powerless. Little league coaches, scared of liability, stop volunteering. Schools and hospitals start to crumble. The common good fades, replaced by a cacophony of people claiming their ?individual rights.?
By turns funny and infuriating, this startling book dissects the dogmas of fairness that allow self-interested individuals to bully the rest of society. Philip K. Howard explains how, trying to honor individual rights, we removed the authority needed to maintain a free society. Teachers don?t even have authority to maintain order in the classroom. With no one in charge, the safe course is to avoid any possible risk. Seesaws and diving boards are removed. Ridiculous warning labels litter the American landscape: ?Caution: Contents Are Hot.?
Striving to protect ?individual rights,? we ended up losing much of our freedom. When almost any decision that someone disagrees with is a possible lawsuit, no one knows where he stands. A huge monument to the unknown plaintiff looms high above America, casting a dark shadow across our daily choices. Today, in the land of free speech, you?d have to be a fool to say what you really think.
This provocative book not only attacks the sacred cows of political correctness, but takes a breathtakingly bold stand on how to reinvigorate our common good. Only by restoring personal authority can schools begin to work again. Only by judges and legislatures taking back the authority to decide who can sue for what can doctors feel comfortable using their best judgment and American be liberated to say and do what they know is right. Lucid, honest, and hard hitting, The Collapse of the Common Good shows how Americans can bring back freedom and common sense to a society disabled by lawyers and legal fear.
Amazon.com
Author Philip K. Howard returns with the same storytelling style and supreme reasonableness that made his first book, The Death of Common Sense, such a smash hit in 1995. He begins The Lost Art of Drawing the Line by noting the damage predatory litigation has done to the communal fabric of the United States: "Social relations in America, far from steadied by law's sure hand, are a tangle of frayed legal nerves." He tells how seesaws have started to vanish from playgrounds, how teachers are banned from touching students, and how emergency-room staff are blocked from attending to patients off hospital grounds--even if they can see them bleeding to death just 30 feet away. These aren't just speculations, a parade of hypothetical horror stories--they are actual trends and events that Howard describes and documents. The ability to weave dozens of anecdotes like these into his narrative is one of Howard's great strengths, and it allows him to make important points in entertaining ways. Yet the book is much more than a collection of outrageous stories or a mere broadside against the legal system--though the legal system does come in for plenty of criticism. Instead, it's a meditation on the meaning of freedom, why freedom cannot exist outside of authority, and why individuals in positions of authority should have the ability to make decisions based on sound judgment. There is a temptation to secure liberty by restricting authority through the law, but this can be overdone, and it carries a high price: "Put law or any other formal construct in the middle of daily dealings, and people will start looking to the law instead of to one another." Then things get much worse: "The more our common institutions fail us, the more Americans want to limit their authority. Through a downward cycle of distrust, legal controls, [and] worse failure ... we drive Americans' governing institutions further into the bureaucratic maw." That is a terrible place to be, where no one is held accountable and antisocial behavior rules. And it has nothing at all to do with freedom. --John J. Miller
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| Customer Reviews: Read 15 more reviews...
 Howard Goes Too Far October 20, 2006
1 out of 2 found this review helpful
Howard's previous effort, "Death of Common Sense: How Law is Suffocating America," was spot-on. This one, unfortunately, takes the misguided and anti-liberty view that our courts are supposed to make law, rather than decide its legality.
Howard correctly excoriates the judicial approach which examines laws in anal-rententive detail, which finds "hidden meaning" where there plainly is none. He correctly prefers the precepts of common law over the intrusive restrictions of legislation. He believes judges should have the power to simply throw out obviously ridiculous cases. Yet, Howard goes too far, and has nothing but praise for the idea that judges should be able to use their "superior abilities" to make life decisions for us poor, simple regular folks.
He assumes that judges are the wisest members of society, and loves the idea that they are often appointed for life, which supposedly leaves them free to consider long term views. He wholly embraces the idea that judges should make law for the benefit of society, that they should decide social issues for our own good. (A typical example found in the book is his adulation of the anti-property rights Justice Oliver Wendell Holmes, an elitist and moral relativist. In a case Howard highlights, Holmes ruled that a statute which restricted the workday of bakery employees "for their own safety" to ten hours was legal. Fortunately, the rest of the court voted against him, which Howard laments. Of course, there is nothing in the Constitution allowing the government to restrict workers' hours, nothing which allows any government interference in business practices; any attempt to do so is a monstrous "stretching" of the document and an assault on liberty. Yet Holmes is lauded by Howard for his efforts at social intervention.)
Essentially, Howard wants judges to run the country, because they are just so darn smart.
 Excellent book with some horrid editorial aspects. July 12, 2004
8 out of 9 found this review helpful
Philip K. Howard, The Collapse of the Common Good (Ballantine, 2001)Howard's first book, The Death of Common Sense, should be required reading in high schools and law schools across the nation. Instead, it's supported by a select few and most of the country has never heard of it, despite our best efforts. So Howard releases another book, and I pick it up. The Collapse of the Common Good takes much the same refrain as The Death of Common Sense, but turns its focus from governmental process to the fallacy of individual rights. What is important here is not what Howard says (which is, naturally, common sense), but in how he says it. His arguments are persuasive and worded so that the average joe can understand what Howard is on about. As with The Death of Common Sense, this is a book that should be required reading. I do have one problem with the book, and that is the way that the endnotes are handled. Endnotes (as opposed to footnotes) are annoying enough, and publishers should realize that the endnote is archaic (now that students have access to computers, footnotes are easily achieved by even college freshmen; the use of endnotes by professional book publishers looks even more amateur), but The Collapse of the Common Good takes this annoyance to a whole new level by not including endnote numbers in the text; the exhaustive section of endnotes has them referred to only by page number. Perhaps I should have said "exhausting" endnote section. The complete unprofessionalism of the way what should have been footnotes are handled loses the book a full point. Other than that, though, another must-read from Howard. I think I'm going to start giving them as christmas gifts, and keep giving them until people get the message. ****
 A book that will really make you think February 6, 2004
8 out of 9 found this review helpful
As an immigrant to the US (from Mexico), one of the hardest things for me to get used to was the skewed sense of freedom and entitlement that is sometimes expressed in this country. On my own I had been trying to come to grips with the ideas of extreme lawsuits, political correctness, and limits on authority. While I'm in favor of the basic ideas expressed in all these principles, I constantly get a feeling that many people don't understand the true meaning of their rights and simply abused their privileges. This book validated my beliefs, but more importantly, helped me to better understand how we have come to act this way. It also helped me express all my feelings about this subject in a simple way: Our over emphasis on our individual freedoms and (supposed) entitlements is putting in jeopardy our common good, and we are ultimately hurting ourselves. I think this book should be read by anyone who wants to be a true contributor to the common good.
Gets you thinking December 2, 2003
4 out of 5 found this review helpful
I thought this book was an easy read. Howard does his best to light a fire under you to get you thinking. People are so worried about their individual rights, common sense gets thrown out with the bath water!!! This is a good motivational book for any elected official to read. I actually read this book for an assignment, and the book opened my eyes on really how inhumane or shallow our culture is becoming.
Great book February 19, 2003
6 out of 8 found this review helpful
Every politician, every lawyer, every judge, and especially every citizen in America should read this book. It explains clearly and concisely how bad laws and frivolous lawsuits are undermining our country. Everything has to have warning labels, everything has to be dumbed down, anything remotely dangerous (such as the teeter-totter or playground slide) has to be eliminated, and teachers aren't allowed to punish bad kids for fear of being sued. Government unions make it impossible to fire incompetent workers, and anti-discrimination laws cause the very discrimination that they are supposed to prevent. After reading this book, you will understand better why government, corporations, and society are not working as good as they should. How can they, with the guillotine of potential lawsuits hanging over our heads?
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