The Lost Art of Drawing the Line
How Fairness Went Too Far
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- $6.99
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- $6.99
Publisher Description
The Lost Art of Drawing the Line will appall and irritate — and entertain — readers every bit as much as Philip Howard’s first book. Why is it that no one can fix the schools? Why do ordinary judgements fill doctors with fear? Why are seesaws disappearing from playgrounds? Why has a wave of selfish people overtaken America?
In our effort to protect the individual against unfair decisions, we have created a society where no one’s in charge of anything. Silly lawsuits strike fear in our hearts because judges don’t think they have the authority to dismiss them. Inner-city schools are filthy and mired in a cycle of incompetence because no one has the authority to decide who’s doing the job and who’s not.
When no one’s in charge, we all lose our link to the common good. When principals lack authority over schools, of what use are the parents’ views? When no one can judge right and wrong, why not be as selfish as you can be? Philip Howard traces our well-meaning effort to protect individuals through the twentieth century, with the unintended result that we have lost much of our individual freedom.
Buttressed with scores of stories that make you want to collar the next self-centered jerk or hapless bureaucrat, The Lost Art of Drawing the Line demonstrates once again that Philip Howard is “trying to drive us all sane.”
PUBLISHERS WEEKLY
Howard offers a powerful though myopic look at our litigious society. When the common interest is undermined by the fear of being sued, as in America today, Howard claims, we have a social dysfunction rooted in the embrace of individual rights. Understanding justice as the right to champion individual interests and judicial fairness as neutrality between claimants provides no standard for what is good or even reasonable: "Justice today is purposeless" and has become "a kind of sporting contest." Instead of protecting society, law has become a vehicle for the pursuit of individual entitlement, while judges shy away from making value judgments. What's missing, says Howard, is authority, a recognizable source of values and leadership that asserts a hierarchy of goods in place of the undifferentiated arena of individual rights. Far from threatening individual freedom and democracy, Howard argues, authority is indispensable if we want to overcome the "structural flaw" of individual rights, with its unintentional transfer of "power for common decisions to self-interested individuals." While this argument is sensible and persuasive as far as it goes, it suffers from an oddly truncated view of the world. It's as if society consists only of individuals and government, with interests limited to individuals and the public as a whole, without corporations, interest groups and other organizations anywhere in sight. With the exception of teacher's unions, Howard strips his analysis of much of the sources of power and interest in American society, leaving his otherwise thoughtful efforts seriously incomplete.