Lawyer Howard calls for overhaul of legal system

Lawyer Philip Howard speaks Thursday evening at the Sanford School of Public Policy. Howard argues that the legal system should be altered to rely on individuals’ “own judgment.”
Lawyer Philip Howard speaks Thursday evening at the Sanford School of Public Policy. Howard argues that the legal system should be altered to rely on individuals’ “own judgment.”

A total overhaul of the United States legal system is necessary to reduce the burden of regulation, an activist said.

Philip Howard, acclaimed lawyer and author, spoke to an audience of students and faculty Thursday evening as part of the Sanford School of Public Policy’s Gridlock series. The presentation was followed by a panel discussion that included Dean of the Chapel Sam Wells; Lawrence Baxter, professor of the practice of law; and Joel Fleishman, professor of law and public policy sciences.

Howard, founder of Common Good, a nonprofit group that seeks to reform the legal system, highlighted specific areas where dysfunctions in the process of law originate. He noted that precise rules can have an overbearing effect on people’s lives, and people need the freedom to use their own judgement.

“Laws are too specific,” Howard said. “Everybody walks around with their noses in the rule book, and then they trip over the buzz saw.”

Howard added that he believes the excessive amount and specificity of laws detract from people’s ability to perform their jobs well. People do not take what they believe to be the right course of action because they are afraid of lawsuits. As an example of stifling regulation, he cited doctors who are afraid to use their medical judgment and instead perform superfluous tests because they are afraid of malpractice suits.

This phenomenon, though, does not only apply to the medical field. The United States needs to reconstruct its entire legal system into one that gives people the freedom to use common sense, Howard said. In this system, the freedom to make decisions would not originate from a lack of regulation but rather from open-framed laws that are easy for everyone to understand, leaving room for people to interpret and apply laws when appropriate.

“Half the time people make bad judgements, but now the law forces them to make those bad decisions,” Howard said in an interview after the event.

Other speakers at the presentation offered their perspectives and, in some cases, disagreed with Howard’s assessment.

Law School Dean David Levi noted that Howard’s examples may have been extreme cases that do not necessarily reflect the trends of the legal system overall.

Howard emphasized that although he mentioned one particular anecdote, his claims about malpractice suits and the rise of defensive medicine are based on research conducted by the Harvard Medical School.

Many laws were put in place due to prior violations, Baxter said, noting that many people no longer trust those in positions of power.

“We need more effective accountability, not trust,” Howard said, adding a person should be held responsible for his actions.

Baxter used the stricter rules of football compared to rugby as an analogy of how the American legal system places a greater emphasis on detailed regulation.

“Americans have a love of rules that starts before the rules themselves and is a reflection of American culture,” Baxter said.

Similarly, Wells noted that laws can prevent a pastor from physically touching an injured child following allegations of sexual abuse directed at certain members of the clergy.

“We’re trying to make a better world without us becoming better people, and it can’t be done,” Wells said. “This attempt [at making some laws] alone, however, can protect the vulnerable.”

Audience member Andrew Baird, a second-year student in the Divinity School, said the issues raised by Howard serve as an example of how the legal system continues to evolve.

“I think it’s really interesting because these are problems that no one has solutions for,” Baird said.

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