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Philip K. Howard -
The death of common sense (1994)
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The utopian urge that prompted us in recent decades to write the world's thickest instruction manual, naming it the law of the land, has led us to invent a device that, like detailed rules, also avoids the untidiness of human judgment. It goes by an ancient name, process, but its purpose is new. It once existed to help humans make responsible decisions. Process now has become an end in itself.
Philip K. Howard
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Human nature turns out to be more complicated than the idea that people will get along if only the rules are clear enough. Uncertainty, the ultimate evil that modern law seeks to eradicate, generally fosters cooperation, not the opposite.
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Coercion by government, the main fear of our founding fathers, is now its most common attribute.
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Rights are not the language of democracy. Compromise is what democracy is about. Rights are the language of freedom, and are absolute because their role is to protect our liberty. By using the absolute power of freedom to accomplish reforms of democracy, we have undermined democracy and diminished our freedom.
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We should stop looking to law to provide the final answer.... Law cannot save us from ourselves.... We have to go out and try to accomplish our goals and resolve disagreements by doing what we think is right. That energy and resourcefulness, not millions of legal cubicles, is what was great about America. Let judgment and personal conviction be important again.
Philip K. Howard
Quote of the day
In England, the profession of the law is that which seems to hold out the strongest attraction to talent, from the circumstance, that in it ability, coupled with exertion, even though unaided by patronage, cannot fail of obtaining reward.
Charles Babbage
Philip K. Howard
Born:
1948
(age 76)
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