The Collapse of the Common Good: How America's Lawsuit Culture Undermines Our Freedom

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

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.

Howard traces the roots of our current legal problems back to the late 19th Century when the political spoils system was replaced with an impartial legal and bureaucratic approach. By replacing politics with a system of rules it was hoped that governmental dealings would be fairer. As anyone who has ever had to deal, or much worse work, with the stifling bureaucracy that grew out of this movement knows it is clear that somewhere along the way fairness went too far.

Howard uncovers the paradox of how our quest for individual rights has actually resulted in a diminution of our freedom. True, we can still do what ever we want by ourselves but we must walk on eggshells when dealing in groups, afraid to offend lest someone take us to court. Howard bravely goes one step further and examines the detrimental effects that the law has had on race relations. He notes that the ticking bomb of the race card has created a minefield of fear and bitterness in the modern workplace.

Whether intentional or not, The Lost Art of Drawing the Line serves as an excellent companion book to Robert Putnam's Bowling Alone. By getting to the core of why coming together to work for the common good has become such a risky proposition The Lost Art of Drawing the Line answers the question of why one would choose to bowl alone.

The book is not all doom and gloom. We still have a government of the people. And, as Howard proposes, if as a nation we are able to gather the national will to fix our system, no government can get in our way.

Read this book. And then recommend it to your friends.


A book that will really make you think   February 6, 2004
Miguel Sanchez (Burlingame, CA USA)
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.


Great book   February 19, 2003
existenz (Los Angeles, CA)
7 out of 9 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?