 The Collapse of the Common Good: How America's Lawsuit Culture Undermines Our Freedom
Philip K. Howard
Ballantine Books, January 2002
The most recent work of CG founder and chair, Philip K. Howard.
Summary:
In the last 50 years we've rebuilt our legal system on the idea that any individual
who feels aggrieved--a person who has spilled hot coffee or falls off a seesaw,
or an inept teacher or bureaucrat resisting dismissal, or a disruptive student
avoiding suspension--has a right to a legal proceeding. America, we've been taught,
stands for individual rights. But what about the rights of the students who deserve
a good teacher, or a classroom that's not disrupted? Who's protecting them?
No one. No one's in charge of any common judgments. Not a teacher over a classroom,
or a principal over a school, or a judge over a courtroom. Who are they to judge?
Fairness, we've been told, is a matter of proof. But how do you "prove" who is
trying hard and who is not, or whether a seesaw is a reasonable risk? You can't.
It depends on your point of view. But no one has authority to make these common
judgments.
Americans have never trusted authority. But the government decisions we've lost
were not coercive. On the contrary: they were used to limit how self-interested
people could use legal powers to coerce other citizens, whether through lawsuits,
or by resisting management judgments in a school or agency. Our beliefs won't
matter until we let those with responsibility act on their beliefs. What good
are the parents' views about a teacher if the principal can't act on them? As
this vacuum moves farther up the chain of responsibility the more damage it creates:
"Remove a judge's authority to assert views of what's right and reasonable, and
the entire society starts acting like a nervous wreck."
Selected Reviews
"This book sits at the center of important questions about frivolous litigiousness,
disdain for authority, and the tendency of bureaucracy to stifle judgment and
initiative."
The New York Times Book Review
"Philip K. Howard's book rings true. Teachers have such a hard time being themselves,
dragging around the millstone of bureaucracy. Will all our well-intentioned efforts
to regulate and manage our way to social welfare backfire, creating a society
where people aren't free to exercise their own judgment and good will?"
Wendy Kopp, Founder & President, Teach for America, and author of One Day, All Children...
"Howard is on to something...[He] makes his case through anecdotes, and he packs
some powerful ones."
The Washington Post
"This book provides unique insight into important aspects of modern life. Philip
Howard has a gift of clear vision into these vital issues, and is sure to provoke
fresh debate on how our society is organized."
Former Senator Howard Baker, Jr.
"[A] rich seam of anecdote...Howard writes well, punctuating his text with skillfully
told tales and choice quotations from the good and wise."
The Economist
"You'll never see America the same again...[this book is] like nothing you ever
read, better even than The Death of Common Sense."
Andrew Heiskell, Former Chairman and CEO, Time Inc.
"Philip K. Howard has identified...the price we pay for our distrust of authority.
By pointing to...the intricate array of rights and legal safeguards, he makes
a provocative case which should provoke spirited debate."
Derek Bok, President Emeritus, Harvard University
"I have been a huge fan of Philip K. Howard since I first read The Death of Common Sense. This book is even better and explains so well much of what is wrong with modern
America. This book will surprise you at every turn. It is like a gale of fresh
air."
Senator Zell Miller
"A powerful...look at our litigious society."
Publisher's Weekly
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