Philip K. Howard Quotes

Coercion by government, the main fear of our founding fathers, is now its most common attribute.

Uniformity in the common law, consisting of broad principles like the "reasonable person" standard, generally permits adjustment for the circumstances. This type of uniform principle is almost synonymous with fairness. Uniform application of a detailed rule, on the other hand, will almost always favor one group over another. p. 34

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.

By exiling human judgment in the last few decades, modern law changed role from useful tool to brainless tyrant. This legal regime will never be up to the job, any more than the Soviet system of central planning was, because ti can't think. The comedy of law's sterile logic
large POISON signs warning against common sand, spending twenty-two years on pesticide review and deciding next to nothing, allowing fifty-year-old white men to sue for discrimination
is all too reminiscent of the old jokes we used to hear about life in the Eastern bloc.
Judgement is to law as water is to crops. It should not be surprising that law has become brittle, and society along with it.

Plato argued that good people do not need laws to tell them to act responsibly, while bad people will always find a way around law. By pretending that procedure will get rid of corruption, we have succeeded only in humiliating honest people and provided a cover of darkness and complexity for the bad people. There is a scandal here, but it's not the result of venal bureaucrats.
(1994) p. 99

We've been trained to squint into a legal microscope, hoping that we can judge any dispute against the standard of a perfect society, where everyone will agree what's fair, and where accidents will be extinct, risk will be no more.