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Using several cases (see other reviews) details the harm of rationalist philosophy applied to law -- the misguided notion that laws can be made "self-executing".
Part II "The Buck Never Stops"
The abstractly laudable desire to maintain absolute impartiality creates an absolute nightmare of red tape -- the focus in this section is on Process spawned by mistrust and the bureaucratic reflex to avoid responsibility for decisions.
Part III "A Nation of Enemies"
Vocal, assertive minorities are able to control government policy-making. Rights over responsibilities. The Americans with Disabilities Act (ADA) is the prime example here (see other reviews for details).
Part IV "Releasing Ourselves"
We must have law that allows thinking. Modern law wants to legislate away uncertainty with ever-thicker rulebooks, but uncertainty, risk, is exactly what drives various parties to work together, in the real world. Don't fear gov't authority. Don't think in extremes. Bureaucracy is the enemy of real democracy. Legislation cannot save us from ourselves. In the end, we must rely, as always, on common sense.
Note: rating lost a star because author kept using one example (Glen-Gery Brick Company) again and again, when fresh examples would have been more compelling. Also, as other reviewers have noted, the last section, on what we as citizens can concretely do to help change the situation, was vague and thin.
If this book interests you, you might also be interested in the political writings of Noam Chomsky. He has written an enormous, readable, extremely well-researched corpus of work that concerned, open-minded citizens can use to consider for themselves where they stand on various issues. If we were to hazard a label, Chomsky would be a "libertarian socialist". Try "Manufacturing Consent"... you might not look at your morning paper quite the same way.

Mr. Howard's messages, evident throughout, are very obvious: we have substituted innovation with process, created enemies instead of cooperative societies, and squashed case-by-case reasoning under mountains of procedural law. There are so many "rights" covering every interest group that very little gets done for the benefit of the majority. "Trusting in the law" now means being wary of nearly everyone. Although sounding a bit rant-stricken at times, Mr. Howard offers up lots of food for thought ... some amazing stories. It's all pretty interesting and easy to read.
In my opinion, the last (and shortest) of the book's four parts, entitled "Releasing Ourselves," falls short of hitting on a way to get out from under suffocating law. I agree that initiative and responsibility are admirable attributes for executives in both the public and private arenas, and further, that universally applied policies that regulate the most minute procedural detail should instead have flexibility for more real-world applications. However, what happens when the most innovative of directives winds up injuring or killing someone? Will Joe Citizen give up his right (there's that word) to sue? I doubt it. And, as long as legal recourse remains the ultimate equalizer, the happy medium between "buried in the fine print" and "total judgment call" will be awfully hard to come by. Mr. Howard doesn't address this issue.
This is a very good read; however, a better balance between problem and solution would have made this book outstanding.

As Howard points out: "The sunlight of common sense shines high above us whenever principles control: What is right and reasonable, not the parsing of the legal language, dominates the discussion.With the goal shining always before us, the need for lawyers fades along with the receding legal shadows. People understand what is expected from them."
This is a provocative book written by somebody that has been a practicing lawyer as well as a teacher. These two hats permit the author to better size up the frustrations and limitations that paperwork and stupid regulations inflict upon the citizens.
It should be required reading for law students.

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Admittedly I'm on line with this thinking. In reading this book however even I couldn't countenance Howard's writing. Howard has a definite point in arguing that the judiciary is being forced to exceed its constitutional mandate in assigning fault in the absence of common sense. The problem with this book is that Howard largely eschews analysis in favour of rhetoric as he preaches to the converted. Arguing based on largely anecdotal evidence, Howard's increasingly shrill authorial voice not only undermines the importance of his message but serves to alienate even the most sympathetic reader. Strictly from an analytical point of view, the argument within The Collapse of the Common Good is even less palatable to the objective reader. Howard repeatedly focuses on the symptoms of the problems which he rails against without attempting to discern a cause. In short, Howard contents himself with flogging the dead horse of "political correctness" while ignoring the deeper question of from whence it came.
To the casual reader, reading The Collapse of the Common Good - How America's Lawsuit Culture Undermines our Freedom would be like listening to Paul Harvey if he had too many beers. Even a sympathetic reader is bound to be alienated by its shrill, repetitive tone and superficial content. Howard's book is not for the faint of heart nor left of centre, instead like Mao's little red book it is best in the hands of committed idealogues, to be waved a rallies and misquoted at length.


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.

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