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Product details
File Size: 627 KB
Print Length: 269 pages
Publisher: Ballantine Books (December 18, 2007)
Publication Date: December 18, 2007
Sold by: Random House LLC
Language: English
ASIN: B000XUBCWW
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This book is the same as "The Lost Art of Drawing the Line". So, I have reviewed both. And, have copied this review in the book under that book title. Yes, we need common good. And, we need judgment restored. But, for that to happen, we must have a moral people. We can only have the concept of common good, if we have a moral people. As morality breaks down, so does the concept of the common good. And, when there is an immoral people in control, the common good can be turned into a means to an end.The book is well written. But, the conclusions wrong in certain cases, especially in granting more authority to judges. Judges already have absolute immunity for complete incompetency, which, in most cases, is what takes place in courtrooms across America, daily. Further, judges wield nearly absolute authority in the courtroom. Absolute immunity + Absolute authority = Complete incompetency + Judicial Bribery (Subtle and Gross) Yes, lawsuits are an issue. Yes, attorneys tax America by seedy legal practices. And, attorneys are allowed to practice fraud by a rogue judiciary. The author believes in the moral authority of judges, and that greater judicial discretion is needed to dismiss "frivolous" cases. From my perspective, granting judges more authority would threaten America's underlying stability even further. No, we must have accountability for decisions made. And, we must hold lawyers and judges accountable for telling the truth. Lying is a common practice. Perjury profitable. In Secret Corruption, which exposes the massive scale of the damage done by the legal system to our nation. But, does not place more faith in the people running the system. Rather, I believe, We the People, must have a voice in governing the system, and holding those in it accountable for their actions. Yes, on author's issues of discerning right and wrong. No, on author's solution: greater judicial authority and discretion.This book is well written. Definitely 4 stars. I like the title "The Collapse of the Common Good" more than "The Lost Art of Drawing the Line".
Every politician, every lawyer, every judge, and especially every citizen in America should read this book. It explains clearly and concisely how bad laws and frivolous lawsuits are undermining our country. Everything has to have warning labels, everything has to be dumbed down, anything remotely dangerous (such as the teeter-totter or playground slide) has to be eliminated, and teachers aren't allowed to punish bad kids for fear of being sued. Government unions make it impossible to fire incompetent workers, and anti-discrimination laws cause the very discrimination that they are supposed to prevent. After reading this book, you will understand better why government, corporations, and society are not working as good as they should. How can they, with the guillotine of potential lawsuits hanging over our heads?
I think this book should be required reading for the College students. In today "politically correct" culture this one is a breath of fresh air.I would strongly suggest to read his other books like "Death of Common sense"
Howard's previous effort, "Death of Common Sense: How Law is Suffocating America," was spot-on. This one, unfortunately, takes the misguided and anti-liberty view that our courts are supposed to make law, rather than decide its legality.Howard correctly excoriates the judicial approach which examines laws in anal-rententive detail, which finds "hidden meaning" where there plainly is none. He correctly prefers the precepts of common law over the intrusive restrictions of legislation. He believes judges should have the power to simply throw out obviously ridiculous cases. Yet, Howard goes too far, and has nothing but praise for the idea that judges should be able to use their "superior abilities" to make life decisions for us poor, simple regular folks.He assumes that judges are the wisest members of society, and loves the idea that they are often appointed for life, which supposedly leaves them free to consider long term views. He wholly embraces the idea that judges should make law for the benefit of society, that they should decide social issues for our own good. (A typical example found in the book is his adulation of the anti-property rights Justice Oliver Wendell Holmes, an elitist and moral relativist. In a case Howard highlights, Holmes ruled that a statute which restricted the workday of bakery employees "for their own safety" to ten hours was legal. Fortunately, the rest of the court voted against him, which Howard laments. Of course, there is nothing in the Constitution allowing the government to restrict workers' hours, nothing which allows any government interference in business practices; any attempt to do so is a monstrous "stretching" of the document and an assault on liberty. Yet Holmes is lauded by Howard for his efforts at social intervention.)Essentially, Howard wants judges to run the country, because they are just so darn smart.
absolutely excellent book
Very good book
good book, fast shipping
Another wonderful book.
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