The Death of Common Sense: How Law Is Suffocating America [Hardcover]

Philip K. Howard (Author)

Book Description

ISBN-10: 0679429948 | ISBN-13: 978-0679429944 | Publication Date: January 13, 1995 | Edition: 1st

Distressing, disturbing, devastatingly detailed--this stunning examination of how modern laws are diminishing America exposes the drawbacks of rule-bound government, tells why nothing gets done, reveals the phony pretensions of law, and shows why well-intentioned laws have actually devalued rights. In short, The Death of Common Sense demonstrates how the buck never stops and how ell-meaning laws are creating a nation of enemies. (Poltics/Current Events)

Editorial Reviews

From Publishers Weekly

Business agreements in the U.S. typically run to several hundred single-spaced, typewritten pages; in Switzerland, the same documents might be 10 pages. Charging that American law has become "the world's thickest instruction manual," New York City attorney Howard blasts excessively detailed, rigid government regulations that leave no room for judgment or discretion. He cites as examples occupational safety rules that fail to distinguish among different workplace situations, environmental laws that prove counterproductive and a "drive toward mandated perfection" that has stymied affordable day care and housing. He also lambastes overly complex procedural rules that stifle individual initiative, whether the task involves repairing a bridge, hiring a new employee or fixing a lock in a public school. A cogent brief for legal common sense and balance.
Copyright 1994 Reed Business Information, Inc.

From Library Journal

The nuns of the Missionaries of Charity believed two abandoned buildings in New York City would make ideal homeless shelters. The city agreed and offered to sell the building for one dollar each. Yet the shelter project faltered: the city's bureaucracy imposed such expensive remodeling requirements on the buildings that the shelter plans were scrapped. To Howard, an attorney practicing in New York City, this is but one of many examples of the law's suffocating Americans by extensive decrees on what may and may not be done. His book is truly a catalog of horror stories, actually quite engrossing and adding to the story of public inefficiencies chronicled by David Osborne's Reinventing Government (Addison-Wesley, 1992). What Howard does not do as well, however, is offer guidance on remedies. His answer seems to be that we should take personal responsibility, gather up our courage, and step out into the sunlight away from government's shadow. More highly recommended as a study of the negative impact of law is Walter K. Olson's The Litigation Explosion (LJ 2/15/91) even though its focus is on lawsuits and the courts.
Jerry E. Stephens, U.S. Court of Appeals Lib., Oklahoma City
Copyright 1995 Reed Business Information, Inc.

See all Editorial Reviews

Product Details

• Hardcover: 202 pages
• Publisher: Random House; 1st edition (January 13, 1995)
• Language: English
• ISBN-10: 0679429948
• ISBN-13: 978-0679429944
• Product Dimensions: 8.5 x 5.6 x 1 inches
• Shipping Weight: 12.8 ounces
• Average Customer Review: 4.9 out of 5 stars  See all reviews (12 customer reviews)
• Amazon Best Sellers Rank: #577,112 in Books (See Top 100 in Books)

More About the Author

Philip K. Howard, a lawyer, advises leaders of both parties on legal and regulatory reform. He is chair of Common Good and a contributor to the New York Times and the Wall Street Journal.

Customer Reviews

Most Helpful Customer Reviews

11 of 11 people found the following review helpful:

5.0 out of 5 stars Dear Mr. Howard: YOU GET IT! Thank you for this book., July 11, 2011

By 

Michelle Carnes "MMC" (Washington, DC) - See all my reviews
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This review is from: The Death of Common Sense: How Law Is Suffocating America (Paperback)

As a fed myself, this book not only helped me identify why I can become so frustrated at work, trying to do the right thing - it also helped me identify what the _real_ underlying issues are - and how to resolve them. Public servants struggle against the avalanche of regulations, laws, guidelines (if we even know they exist/where to find them) and what our _experience_ tells us is the right course of action. We too are utterly frustrated about how slowly solutions and problem-solving comes about - and the resulting actions often missing the point of what was intended all along.

Howard's plea to free us from the quagmire of rules allows us to use our judgment as public sector employees, which (as he shows us) leads to more efficient and effective leadership, moving towards results that work for the good of the public... and isn't that what government is supposed to do? He agrees that federal government efforts should be fair - but adding policies/procedures continuously has the opposite effect - it's true now and, as it turns out, in ancient Roman history! In my view, the next step of this book is how to change the national conversation around human rights/social justice to allow government to place greater responsibility (and therefore, greater ownership) around community responses to citizens' needs.

Indeed, many of the projects I work on are founded on a principle of homegrown solutions, tailored to each community we work with. This leads to greater responsibility AND increased ownership of the outcomes (i.e.: success). Ultimately, we did not do it *for* them - they told us what they needed and we supported their efforts until they could do so on their own. Greater health, community connection and independence is our program goal. And shouldn't the people working in the communities get the credit for healing their communities? I think so.

I am lending this book to my colleagues at my agency because of the deep impact this book has had on my understanding of my work and the implications for how we must move forward together as public servants.

6 of 6 people found the following review helpful:

5.0 out of 5 stars Common sense; the most uncommon sense of all., May 5, 2011

By 

Dan Scott - See all my reviews

This review is from: The Death of Common Sense: How Law Is Suffocating America (Kindle Edition)

This book should be required reading for all lawmakers, all regulators, and everyone affected by their work. The only caution I would give is a medical warning. The true stories used to illustrate the author's points are likely to raise the reader's blood pressure to dangerous levels.

6 of 7 people found the following review helpful:

5.0 out of 5 stars Required reading for all public servants. Period., June 8, 2011

By 

Emlyn Addison (Providence, RI) - See all my reviews
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This review is from: The Death of Common Sense: How Law Is Suffocating America (Paperback)

This book has altered my thinking.

As a free-spirited, liberal-minded South African ex-patriot (now living in America), the ills I observed in this country that I routinely chalked up to half-baked lawmaking or the perils of a perpetual two-party, see-saw political system were really misguided.

In a country that has conspicuously prided itself on a "rule of law", what is in fact suffocating America, as Howard has intelligently profiled here, is an attempt by generations of public servants to micromanage human behavior in the tragically mistaken belief that all the causes and effects of our actions and interactions can be predicted.

This should be REQUIRED READING for all public servants in all sectors of government, large or small. Recognizing and understanding how our laws have stripped us, not just of the ability to exercise our common sense, but of our essential humanity and community is the key to re-empowering Americans with a sense or moral responsibility.

In fact, I'd submit that this nightmare legal construct in which we now find ourselves trapped may arguably be one of the greatest inherent flaws of the Grand Experiment.