In The Death of Common Sense, Philip K. Howard argues that the
present day over-reliance on statutes and regulations in America as a means
to create a just and fair society has, in fact, achieved just the opposite.
In presenting his case, Howard is actually making a strong point in
reminding the reader that the dispensation of justice requires the
understanding and practice of the spirit of the law. Blind application and
adherence to statutes of law will only lead to a system that may end up
Howard traces the root of the system to the rationalist movement in
the 1960s that favored statutory law, as it was believed to be more
consistent and fair: "The credo of this rationalist order, like our law
today, was that government should be self-executing and dispassionate. The
idea spawned numerous reform movements, including socialism. It also led to
the invention of modern bureaucracy." (Howard, 27-28) It is evident in the
preceding statement that the spirit behind the formation of statutory law
was unquestionably praiseworthy. Unfortunately, the solution devised led to
a bureaucratic system that only succeeded in loosing sight of that very
Bureaucracies, as is widely acknowledged, usually lead to the stifling
of good ideas, innovation, initiative and most important a loss of
perspective. Indeed, experience has shown again and again that
bureaucracies usually miss the wood for the trees. And in doing so defeat
the larger purpose for which they were set up in the first place. Howard
ably demonstrates this very point when he cites the example of Mother
Teresa's nuns of the Missionaries of Charity having to perforce abandon
their plans to convert two abandoned buildings into homeless shelters in
New York City on account of the bureaucratic insistence of the city's
building code that the nuns would have to install a lift (Howard, 3-5). The
...