NEW YORK TIMES BESTSELLER “We need a new idea of how to govern. The current system is broken. Law is supposed to be a framework for humans to make choices, not the replacement for free choice.” So notes Philip K. Howard in the new Afterword to his explosive manifesto The Death of Common Sense. Here Howard offers nothing less than a fresh, lucid, practical operating system for modern democracy. America is drowning—in law, lawsuits, and nearly endless red tape. Before acting or making a decision, we often abandon our best instincts. We pause, we worry, we equivocate, and then we divert our energy into trying to protect ourselves. Filled with one too many examples of bureaucratic overreach, The Death of Common Sense demonstrates how we—and our country—can at last get back on track.
From the O.J. Simpson verdict to peace-making in the Balkans, the critical role of human judgement--complete with its failures, flaws, and successes--has never been more hotly debated and analyzed than it is today. This landmark work examines the dynamics of judgement and its impact on events that take place in human society, which require the direction and control of social policy. Research on social policy typically focuses on content. This book concentrates instead on the decision-making process itself. Drawing on 50 years of empirical research in decision theory, Hammond examines the possibilities for wisdom and cognitive competence in the formation of social policies, and applies these lessons to specific examples, such as the space shuttle Challenger disaster and the health care debate. Uncertainly, he tells us, can seldom be fully eliminated; thus error is inevitable, and injustice for some unavoidable. But the capacity for make wise judgments increases to the extent that we understand the potential pitfalls and their origin. The judgment process for example involves an ongoing rivalry between intuition and analysis, accuracy and rationality. The source of this tension requires an examination of the evolutionary roots of human judgement and how these fundamental features may be changing as our civilization increasingly becomes an information and knowledge-based society. With numerous examples from law, medicine, engineering, and economics, the author dramatizes the importance of judgment and its role in the formation of social policies which affect us all, and issues the first comprehensive examination of its underlying dynamics.
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.”
Combining the best of author Ron Scott’s books, Promoting Legal Awareness in Physical and Occupational Therapy and Professional Ethics: A Guide for Rehabilitation Professionals, his newest text Promoting Legal and Ethical Awareness: A Primer for Health Professionals and Patients includes the latest case, regulatory, and statutory law. This valuable ethical and legal resource also includes an alphabetized section on HIPAA, current information on the reauthorized IDEA (Individuals with Disabilities Act), and expanded coverage of alternative dispute resolution and attorney-health professional-client relations. Cases and Questions allow you to apply key legal and ethical principles to a rehabilitation practice situation. Special Key Term boxes introduce and define important vocabulary to ensure your understanding of chapter content. Additional resource lists in each chapter include helpful sources for articles, books, and websites to further your learning. Case Examples let you put new ideas and concepts into practice by applying your knowledge to the example. Legal Foundations and Ethical Foundations chapters introduce the basic concepts of law, legal history, the court system, and ethics in the professional setting to provide a solid base for legal and ethical knowledge. An entire chapter devoted to healthcare malpractice provides vital information on practice problems that have legal implications, the claim process, and claim prevention. An extended discussion of the Americans with Disabilities Act informs you of your rights as an employee as well as the challenges faced in the workforce by your rehabilitation patients. Content on employment legal issues includes essential information for both employees and employers on patient interaction and the patient’s status in the workplace. Coverage of end-of-life issues and their legal and ethical implications provides important information for helping patients through end-of-life decisions and care.
If the truth be known, I am only a partially reformed idealist. In the secret depths of my soul, I still wish to make the world a better place and sometimes fantasize about heroically eradicating its faults. When I encounter its limitations, it is consequently with deep regret and continued surprise. How, I ask myself, is it possible that that which seems so fight can be a chimera? And why, I wonder, aren't people as courageous, smart, or nice as I would like? The pain of realizing these things is sometimes so intense that I want to close my eyes and lose myself in the kinds of daydreams that comforted me as a youngster. One thing is clear, my need to come to grips with my idealism had its origin in a lifetime of naivet6. From the beginning, I wanted to be a "good" person. Often when life was most treacherous, I retreated into a comer from whence I escaped into reveries of moral glory. When I was very young, my faith was in religion. In Hebrew school, I took my lessons seriously and tried to apply them at home. By my teen years, this had been replaced by an allegiance to socialism. In the Brooklyn where I grew up, my teachers and relatives made this seem the natural course. When I reached my twenties, however, and was obliged to confront a series of personal deficiencies, psychotherapy shouldered its way to the fore.
University Professor and Professor of Law W a Bogart
Courts, Politics, and Markets in a Changing Canada
Author: University Professor and Professor of Law W a Bogart
Publisher: UBC Press
Three forces are at work in reconstituting the citizen in this society: courts, politics, and markets. Many see these forces as intersecting and colliding in ways that are fundamentally reshaping the relationship of individuals to the state and to each other. How has Canadian society actually been transformed? Good Government? Good Citizens? examines the altered roles of courts, politics, and markets over the last two decades. It includes chapters on the Aboriginal peoples, cyberspace, education, and on an ageing Canada. The book concludes with reflections on the "good citizen."
Political and social commentators regularly bemoan the decline of morality in the modern world. They claim that the norms and values that held society together in the past are rapidly eroding, to be replaced by permissiveness and empty hedonism. But as Edward Rubin demonstrates in this powerful account of moral transformations, these prophets of doom are missing the point. Morality is not diminishing; instead, a new morality, centered on an ethos of human self-fulfillment, is arising to replace the old one. As Rubin explains, changes in morality have gone hand in hand with changes in the prevailing mode of governance throughout the course of Western history. During the Early Middle Ages, a moral system based on honor gradually developed. In a dangerous world where state power was declining, people relied on bonds of personal loyalty that were secured by generosity to their followers and violence against their enemies. That moral order, exemplified in the early feudal system and in sagas like The Song of Roland, The Song of the Cid, and the Arthurian legends has faded, but its remnants exist today in criminal organizations like the Mafia and in the rap music of the urban ghettos. When state power began to revive in the High Middle Ages through the efforts of the European monarchies, and Christianity became more institutionally effective and more spiritually intense, a new morality emerged. Described by Rubin as the morality of higher purposes, it demanded that people devote their personal efforts to achieving salvation and their social efforts to serving the emerging nation-states. It insisted on social hierarchy, confined women to subordinate roles, restricted sex to procreation, centered child-rearing on moral inculcation, and countenanced slavery and the marriage of pre-teenage girls to older men. Our modern era, which began in the late 18th century, has seen the gradual erosion of this morality of higher purposes and the rise of a new morality of self-fulfillment, one that encourages individuals to pursue the most meaningful and rewarding life-path. Far from being permissive or a moral abdication, it demands that people respect each other's choices, that sex be mutually enjoyable, that public positions be allocated according to merit, and that society provide all its members with their minimum needs so that they have the opportunity to fulfill themselves. Where people once served the state, the state now functions to serve the people. The clash between this ascending morality and the declining morality of higher purposes is the primary driver of contemporary political and cultural conflict. A sweeping, big-idea book in the vein of Francis Fukuyama's The End of History, Charles Taylor's The Secular Age, and Richard Sennett's The Fall of Public Man, Edward Rubin's new volume promises to reshape our understanding of morality, its relationship to government, and its role in shaping the emerging world of High Modernity.
Insurance and Tort Law from the Progressive Era To 9/11
Author: Kenneth S. Abraham
Publisher: Harvard University Press
Kenneth Abraham explores the development and interdependency of the tort liability regime and the insurance system in the United States during the twentieth century and beyond, including the events of September 11, 2001. From its beginning late in the nineteenth century, the availability of liability insurance led to the creation of new forms of liability, heavily influenced expansion of the liabilities that already existed, and continually promoted increases in the amount of money that was awarded in tort suits. A "liability-and-insurance spiral" emerged, in which the availability of liability insurance encouraged the imposition of more liability, and, in turn, the imposition of liability encouraged the further spread of insurance. Liability insurance was not merely a source of funding for ever-greater amounts of tort liability. Liability insurers came to dominate tort litigation. They defended lawsuits against their policyholders, and they decided which cases to settle, fight, or appeal. The very idea behind insurance--that spreading losses among large numbers of policyholders is desirable--came to influence the ideology of tort law. To serve the aim of loss spreading, liability had to expand. Today the tort liability and insurance systems constantly interact, and to reform one the role of the other must be fully understood.
Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.