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The Collapse of the Common Good: How America's Lawsuit Culture Undermines Our Freedom
In pursuit of fairness at any cost, we have created a society paralyzed by legal 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 “ 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.
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 “ 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.
- GenresNonfictionLawPolitics
268 pages, Paperback
First published January 29, 2002
13 people are currently reading
145 people want to read
About the author
Philip K. Howard
18 books46 followersPhilip 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.
Philip K. Howard is a well-known leader of government and legal reform in America. His new book, The Rule of Nobody (W. W. Norton & Company, April 2014), has been praised by Fareed Zakaria as “an utterly compelling and persuasive book that, if followed, could change the way America works.” His TED Talk has has been viewed by almost 500,000 people.
Philip is also the author of the best-seller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002) and Life Without Lawyers (W. W. Norton & Company, 2009).
In 2002, Philip formed Common Good, a nonpartisan national coalition dedicated to restoring common sense to America. Philip writes periodically for The Wall Street Journal, the Washington Post, and The New York Times, and has appeared on The Daily Show with Jon Stewart, PBS NewsHour, Today, Good Morning America, Charlie Rose, and numerous other programs.
The son of a minister, Philip got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner and has been active in public affairs his entire adult life. He is a prominent civic leader in New York City and has advised national political leaders on legal and regulatory reform for fifteen years, including Vice President Al Gore and numerous governors. He is a Partner at the law firm Covington & Burling, LLP. He is a graduate of Yale College and the University of Virginia Law School, and lives in Manhattan with his wife Alexandra. They have four children.
Philip K. Howard is a well-known leader of government and legal reform in America. His new book, The Rule of Nobody (W. W. Norton & Company, April 2014), has been praised by Fareed Zakaria as “an utterly compelling and persuasive book that, if followed, could change the way America works.” His TED Talk has has been viewed by almost 500,000 people.
Philip is also the author of the best-seller The Death of Common Sense (Random House, 1995), The Collapse of the Common Good (Ballantine Books, 2002) and Life Without Lawyers (W. W. Norton & Company, 2009).
In 2002, Philip formed Common Good, a nonpartisan national coalition dedicated to restoring common sense to America. Philip writes periodically for The Wall Street Journal, the Washington Post, and The New York Times, and has appeared on The Daily Show with Jon Stewart, PBS NewsHour, Today, Good Morning America, Charlie Rose, and numerous other programs.
The son of a minister, Philip got his start working summers at the Oak Ridge National Laboratory for Nobel laureate Eugene Wigner and has been active in public affairs his entire adult life. He is a prominent civic leader in New York City and has advised national political leaders on legal and regulatory reform for fifteen years, including Vice President Al Gore and numerous governors. He is a Partner at the law firm Covington & Burling, LLP. He is a graduate of Yale College and the University of Virginia Law School, and lives in Manhattan with his wife Alexandra. They have four children.
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Displaying 1 - 4 of 4 reviews
January 15, 2009
The title sums up the premise of this book and to anybody who has been paying attention for the past several decades, this should not be a startling theme. There is no doubt that our tort system is out of control and the costs are spread throughout society. Most consumer products come with a "lawsuit tax" in the form of higher retail prices to offset the costs associated with litigation. Often, the "lawsuit" tax increases the costs of consumer goods where the inherent dangers of using such goods should be obvious. One such product might be a household step ladder.
In "The Collapse of the Common Good," Howard goes beyond the tried and true method of providing absurd examples of our legal system, though he does include many. Here, he exposes how the assertion of individual rights through litigation in nearly every aspect of daily life has resulted in a society where people become so fearful they act irrationally. Through real-life examples, Howard demonstrates how this has negatively impacted the functioning of institutions such as schools, the work place, and government.
The book did seem to stray away from the central premise at times. For example, sometimes it was difficult to see how the discussions on bureaucracy and race relations fit into the overall theme, though they were interesting. Nonetheless, Howard's call for common sense in the way we conduct ourselves-within the legal system and otherwise-is a welcome call indeed. Unfortunately, common sense too often does not prevail.
In "The Collapse of the Common Good," Howard goes beyond the tried and true method of providing absurd examples of our legal system, though he does include many. Here, he exposes how the assertion of individual rights through litigation in nearly every aspect of daily life has resulted in a society where people become so fearful they act irrationally. Through real-life examples, Howard demonstrates how this has negatively impacted the functioning of institutions such as schools, the work place, and government.
The book did seem to stray away from the central premise at times. For example, sometimes it was difficult to see how the discussions on bureaucracy and race relations fit into the overall theme, though they were interesting. Nonetheless, Howard's call for common sense in the way we conduct ourselves-within the legal system and otherwise-is a welcome call indeed. Unfortunately, common sense too often does not prevail.
February 16, 2008
Finally a voice of reason among the insanity! I found this book to be enlightening on a subject I have long taken interest in. The first half of the book was especially intruiging, in which Philip Howard discusses the culture of lawsuits that has taken hold in the last 20-30 years. People sue each other for every minor infraction and as a result it has come to the point where people have to watch every minor move they make. Through examples, historical cases, a history, he shows the evolution of this culture and the damage that it is doing to our society as a whole. Of the many examples, he cites the infamous hot coffee case and an interesting series of lawsuits against GM in the 1990s. In short, the first case alleged GM was culpable for damages because the gas tank, located on the passenger side of the car, burst in a side impact crash. A case later in the decade held GM liable for an explosion of a gas tank, now in the rear of the car as a result of the previous case, as a result of a rear impact crash. Such insanity takes place every day and costs consumers and taxpayers tens of billions every year.
In the second half he goes on to talk about the voluminous red tape that enshrouds our bureaucracy and the downfalls and holes in the affirmative action system.
In the second half he goes on to talk about the voluminous red tape that enshrouds our bureaucracy and the downfalls and holes in the affirmative action system.
April 10, 2009
Man bites dog.
Therefore, the world is going to hell.
A Treatise by Philip K. Howard.
The author raises some interesting issues regarding the (hyper and negative)interaction between laws and society. I understand where he is coming from. A system of laws is definitely not perfect. However, by definition, laws derived from an imperfect source are bound to be imperfect.
But a system without laws similarly fails. So let's resolve to work on the balance. I won't resolve to be friends though, Mr. Howard.
I think you could skip this one without missing much.
Therefore, the world is going to hell.
A Treatise by Philip K. Howard.
The author raises some interesting issues regarding the (hyper and negative)interaction between laws and society. I understand where he is coming from. A system of laws is definitely not perfect. However, by definition, laws derived from an imperfect source are bound to be imperfect.
But a system without laws similarly fails. So let's resolve to work on the balance. I won't resolve to be friends though, Mr. Howard.
I think you could skip this one without missing much.
May 21, 2015
Well-written, but I think I might've missed the point (or I'm having a hard time wrapping my head around it). I think the morale of the story was to stop people who sue for stupid reasons, we need to each step up and demand more individual rights/get away from Big Government. I think. Right?
Displaying 1 - 4 of 4 reviews