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, by Philip K. Howard Philip K. Howard

Free PDF , by Philip K. Howard Philip K. Howard

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Product details

File Size: 555 KB

Print Length: 226 pages

Page Numbers Source ISBN: 0446672289

Publisher: Random House (May 3, 2011)

Publication Date: May 3, 2011

Sold by: Amazon Digital Services LLC

Language: English

ASIN: B004NNUYE2

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The bloated bureaucracy; the rules; the laws; the regulations; are so integral to our lives that we no longer would recognize a life without these burdensome evils. We continue blindly with no discretion, a growing behemoth, with no end in sight; this was never meant to be. With the thousands upon thousands of pages of rules and regulations we believe we can remove all conceivable risks, contemplate every eventuality, plan for everything; all in the name of "rights", and fairness. What is meant for good, and to bring about harmony, only results in stagnation, closed businesses, higher prices, less choice, rise of litigation, etc. We all pay a price. Ingenuity pays a price. Ironically, "[t]he more precise we try to make law, the more loopholes are created". Mandated perfection only ends in the opposite, along with an incredible waste of money and manpower, not to mention it treats individuals as criminals. This Expansion of law into agencies and programs was never meant to be. Three big culprits (though there are many) are OSHA, EPA, and the USDA.Howard says this emotionally based attitude has replaced humanity; and, that it has its roots in rationalism. He gives numerous examples, with many rulings so ridiculous even to the point of laughable. Although Wilson's "Great Society" and Roosevelt's "New Deal" (whom he quotes) spawned this form of bureaucracy it still took many more presidents to bring us to this point. These two progressives probably never envisioned it to this degree. It takes more than an individual, it requires an unbridled beast--the first beast--government. His sources are lengthy for so compact a volume. There is also a lengthy bibliography, but it would have been helpful to add endnotes.We need to get back to individual responsibility; the direction we're headed is simply not attainable."The virtue of rights, at least to the advocates, is that they are absolute. What's a little inefficiency when there is complete justice for me? Absolutes sound good, but generally leave behind a landscape of paradoxes and bruised victims."

First, the scary part. This book was published nearly 25 years ago. The stories about the abuses condoned by are legal system are appalling, but they are old stories. What one has to wonder and worry about is how many more situations that have occurred in the last 25 years. You can be assured the legal system and people's state of mind hasn't improved (i.e. returned to normalcy) in that time.The message is quite clear: our legal system is very sick, if not broken. The result is that no one wants to take responsibility for fear of being sued or inconvenienced. Plus, the definition of "rights" has been so badly distorted by legislation and court system that the social and actual costs to Americans is becoming intolerable. The direction we are all heading is only making the conditions worse. Something has to change, but how long are we willing to wait?The politicians have us bouncing off the walls. Obama promoted change and now Trump wants to drain the swamp, but neither have addressed the source problem; the legal system needs to be renovated in the extreme. This book offers some ideas.This book is still very timely about the situation. I highly recommend this book to anyone who about the health of the United States. I plan on reading more books by this author.

This is a panoramic review of government regulation run amok, with many arresting examples. The material seems somewhat dated, e.g., references to the Bush era refer to Bush 41, but still relevant. There has been little progress in solving any of the issues that are discussed, if memory serves, aside from occasional suspension of burdensome, time-consuming rules during emergencies. (Thus, as related on p. 172, the Santa Monica freeway was rebuilt in 66 days after the 1994 earthquake in Los Angeles.)"The Death of Common Sense" consists of four long chapters, presented without an introduction or conclusion. They deal with (1) the impossibility of devising laws and regulations that will sensibly address every variation and permutation of a given problem without the need for human judgment; (2) the pitfalls of elevating legal process over objectives; (3) the destructive consequences of creating "rights" for more and more disadvantaged groups without much heed to the burdens imposed on the rest of the population; and (4) the author's proposed solution to the problems discussed, which is for all concerned to stop looking to the law as a source for "final answers."Howard is not averse to government regulation as such; indeed he lauds the accomplishments of the New Deal (pp. 77-78) when administrators could act with lightning speed because their brand new agencies were writing on a blank slate. The passage of the Administrative Procedure Act shortly after World War II (p. 78) started things on a downward track, in his telling, from which it has never recovered.It is refreshing that an attorney would write a book so critical of his own profession, and most of the specifics ring true. However, Howard gives insufficient attention to the possibility that the government has spread itself too thin. Empowering unelected bureaucrats to exercise seat of the pants judgment in addressing all of the issues in which the government is involved might be more efficient than the present arrangement, but would the country like the results?

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, by Philip K. Howard Philip K. Howard PDF