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Title: The Lost Art of Drawing the Line: How Fairness Went Too Far
ISBN: 0375504222
Author:
Philip K. Howard
Publicate Date: 2001-04-24
Publish: 2001-04-24
List Price: $22.95
Average Customer Rating: 3.5
Format: Hardcover
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Amazon Lowest New Price: $1.99
Amazon Lowest Used Price: $0.01
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1: Howard Goes Too Far
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.
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2: Excellent book with some horrid editorial aspects.
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. ****
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3: A book that will really make you think
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.
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4: Gets you thinking
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.
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5: Great book
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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