Summary of "The Death of Common Sense"
A Review of “The Death of Common Sense” by Philip Howard
Jennifer Loidolt
College of St. Scholastica
A Review of “The Death of Common Sense” by Philip Howard
“The Death of Common Sense” detailed glaring concerns with the governing of our society. Initially Howard discusses the law, and how it controls almost every activity of common interest. After a law is made, it is no longer questioned, even if common sense tells us the law no longer makes sense. He then goes into process and procedure, which have taken over. The end product is no longer the most important part, but the process to get there, and making sure everything is done correctly and fairly for all. Howard also discusses the multitude of new found “rights” that we now have as Americans. These rights now provide people with many things, but at the expense of everyone else. He concludes with concepts that may help get us out of the hole we have dug. There was a time when America worked on general principles that reflected the law’s goals. Our obsession with preordained rules, endless checklists, and redundant processes needs to stop. There can never be complete objectivity. Even though the laws and processes attempt to make everything objective, as humans we instill our values into any decision we make. We should be allowed to make such decisions. The overabundance of process and laws are in place because we assume that all people are bad. We have created a system that should prevent people from taking advantage, but just the opposite has happened. Our process and regulations create the opportunity for “bad” people to still take advantage, and they are more able to cover their tracks. These loopholes exist because it is almost impossible to review all the processes that already exist, and overlap is inevitable. We understand these loopholes occur, and because they are there decisions are delayed as every eventuality is taken into account, no matter how absurd. Howard states that rights
Jennifer Loidolt
College of St. Scholastica
A Review of “The Death of Common Sense” by Philip Howard
“The Death of Common Sense” detailed glaring concerns with the governing of our society. Initially Howard discusses the law, and how it controls almost every activity of common interest. After a law is made, it is no longer questioned, even if common sense tells us the law no longer makes sense. He then goes into process and procedure, which have taken over. The end product is no longer the most important part, but the process to get there, and making sure everything is done correctly and fairly for all. Howard also discusses the multitude of new found “rights” that we now have as Americans. These rights now provide people with many things, but at the expense of everyone else. He concludes with concepts that may help get us out of the hole we have dug. There was a time when America worked on general principles that reflected the law’s goals. Our obsession with preordained rules, endless checklists, and redundant processes needs to stop. There can never be complete objectivity. Even though the laws and processes attempt to make everything objective, as humans we instill our values into any decision we make. We should be allowed to make such decisions. The overabundance of process and laws are in place because we assume that all people are bad. We have created a system that should prevent people from taking advantage, but just the opposite has happened. Our process and regulations create the opportunity for “bad” people to still take advantage, and they are more able to cover their tracks. These loopholes exist because it is almost impossible to review all the processes that already exist, and overlap is inevitable. We understand these loopholes occur, and because they are there decisions are delayed as every eventuality is taken into account, no matter how absurd. Howard states that rights
References: Foltz, F. A., Mitcham, E. C. (2005) Social Contract Theory. Encyclopedia of Science, Technology, and Ethics, (pp1796-1800) Detroit: Macmillian Reference USA. Howard, P.K., (1994) The Death of Common Sense. New York: Random House Trade Paperbacks Porter, J. (2010) Ministers of the Law: A Natural Law Theory of Legal Authority. Michigan: Wm. B. Erdmans Publishing Co.