Modern Law Tries to Rule Out Error and Accident at the Expense of Individual Freedom

(p. C9) Philip K. Howard’s “Everyday Freedom: Designing the Framework for a Flourishing Society” is a slim book propounding a colossal, sometimes unwieldy, thesis. Beginning in the 1960s, Mr. Howard argues, American law was transformed from a system designed to guard individual freedom and accountability into one in which bad outcomes are impossible. Modern law, he writes, is “an elaborate precautionary system aimed at precluding human error. Anything that goes wrong, any accident or disappointment, any disagreement, potentially requires a legal solution. Instead of charging officials to do what’s sensible, modern law presumes that the gravest risk is to leave room for judgment of people in positions of authority.”

The consequence, he observes, is a society of people who feel they can’t make decisions without thick rule books explaining best practices and legal protections if their decision turns out badly.

For the full review, see:

Barton Swaim. “Bring Back the Smoke-Filled Rooms.” The Wall Street Journal (Saturday, March 2, 2024): C9.

(Note: the online version of the review has the date March 1, 2024, and has the title “Politics: ‘The Primary Solution’ by Nick Troiano Plus ‘Everyday Freedom’ by Philip K. Howard.”)

The book under review above is:

Howard, Philip K. Everyday Freedom: Designing the Framework for a Flourishing Society. Garden City, NY: Rodin Books, 2024.

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