by Benjamin Miller
Philip Howard’s new book, The Rule of Nobody, reveals the consequences of entrusting governance to broken bureaucracies and accumulated, often outdated law. A concern that often arises in this discussion is with granting officials authority to use their judgment. An individual can make a bad call, the thinking goes, in contrast to the security of a systematic, (ostensibly) impartial legal and regulatory system.
It’s a concern worth considering. In The Rule of Nobody, Philip argues that if you simply look at the real, scandalous consequences of the heavily bureaucratic approach we’ve accepted (from exploding budgets to banned lemonade stands), it’s clear real people are needed to exercise judgment and instill common sense. There’s a positive angle as well: individuals with the authority to use good judgment can take pride in their work and strive to solve problems from the federal level down to individual communities.
Victor Lee Austin is a priest (and a personal friend), and his book Up With Authority concerns, in part, church hierarchy and doctrine. But Austin’s project—as suggested by the book's subtitle, "Why we need authority to flourish as human beings"—at its heart concerns this positive side of authority as it appears, or should appear, across not only religious communities, but also society and politics.
It’s unhealthy, Austin argues, to see authority as a necessary evil—an unavoidable cost of maintaining order that ought to be minimized. Rather, authority enables us as individuals and groups to do things that would otherwise be impossible. Consider a symphony orchestra:
Decisions must be made about phrasings, about tempo, about volume and blend of various instruments. On each of these questions there are many wrong answers, but there is also seldom just one right answer. So decisions must be made. And they must be made amongst alternatives which have equal reason. So someone, an authority, in this case the conductor, has to determine how the music will be played. And the musicians must accept the conductor’s determinations and play as she directs, or else there will be no music.
Does a musician lose his freedom when he plays as his conductor directs? …Without the authority of a conductor, that symphony never could be heard.
Now of course a conductor will sometimes make a bad decision. A conductor might even at times exhibit malice or bias, and there must be avenues of recourse for musicians who are unjustly treated. But these risks don’t mean that an orchestra would be better off without a conductor.
Teachers, regulators, and business owners may also make bad decisions from time to time. For decades we've tried to minimize such mistakes by writing increasingly specific laws and regulations. Thus over time we've severely constrained the ability of people in positions of authority to exercise discretion. But the antidote to bad decisions isn't to prevent decisions from being made at all.
As Austin puts it: "[T]he reality of evil in the form of fallible authority is not an argument against authority." Yes, people in positions of authority will sometimes make mistakes, errors in judgment, even willful wrongs. But that doesn't mean we would be better off without people—even fallible people—in positions of authority. We entrust individuals with authority not because they are perfect but because we believe they can make necessary decisions.
Up With Authority is available on Amazon and elsewhere.