Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system.

"Death, taxes, and red tape. The inevitable trio no one can escape. That wry sense of reality colors Herbert Kaufman's classic study of red tape, the bureaucratic phenomenon that all of us have encountered in some form-from the confounding tax form filled out annually to the maddeningly time-consuming wait at the driver's license bureau. The complaints about red tape, Kaufman concedes, are legion. It's messy, it takes too long, it lacks local knowledge, it is out of date, it makes insane demands, it increases costs, it slows progress. It is, in short, a burden and many times there is no measurable positive outcome. Kaufman takes us on an unblinking tour of the dismal landscape of red tape. But he also shows us another side of red tape, one we often forget. Red tape is how government protects us from tainted food, shoddy products, and unfair labor practices. It guarantees a social safety net for the elderly, the disabled, children, veterans, and victims of natural disasters. One person's red tape is another person's protection. This reissue is a Brookings Classic, a series of republished books for readers to revisit or discover, notable works by the Brookings Institution Press. "

What s wrong in Washington is deeper than you think.

Yes, there s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship.

Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, What s the right thing to do here? Instead, they wonder, What does the rule book say?

There s a fatal flaw in America s governing system trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities.

America needs to radically simplify its operating system and give people officials and citizens alike the freedom to be practical. Rules can t accomplish our goals. Only humans can get things done.

In The Rule of Nobody Philip K. Howard argues for a return to the framers vision of public law setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century."

"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.

What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.

Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany, and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems. It is intended to be accessible to people with a general knowledge of a modern legal system.

Americans are losing the freedom to make sense of daily choices teachers can't maintain order in the classroom, managers are trained to avoid candor, schools ban the game of tag, and companies plaster inane warnings on everything: "Remove Baby Before Folding Stroller." Philip K. Howard's urgent and elegant argument is full of examples, often darkly humorous. He describes the historical and cultural forces that led to this mess, and he lays out the basic shift in approach needed to fix it. Today we are flooded with rules and legal threats that prevent us from taking responsibility and using our common sense. We must rebuild boundaries of law that affirmatively protect an open field of freedom. The stories here will ring true to every reader. The analysis is powerful, and the solution unavoidable. What's at stake, Howard explains in this seminal book, is the vitality of American culture."