The Problem: Drowning in Law
Law is supposed to be a framework for human judgment in a free society. Instead law has replaced freedom. Rules are so detailed that people can’t act sensibly. Letting people sue for the moon does not support freedom, but infects daily dealings with legal fear. The land of the free has become a legal minefield. Instead of striving towards our goals, Americans tiptoe through the day looking over their shoulders.
Modern law is based on the false premise that law is self-executing. So regulators organized society like an assembly line—trying to avoid human error by millions of words of regulation that eliminate human judgment. We don’t trust judges either—so we allow lawsuits over almost anything. But determining what’s right or fair always requires a value judgment. To take responsibility, people must be free to make responsible choices. Society can’t work unless everyone, at every level of responsibility, has freedom to use their common sense.
Look around. Governors can’t balance budgets when programs are cast in legal concrete. Teachers can’t maintain order when compelled to “prove” what happened in a legal hearing. Doctors can’t be candid when terrified of lawsuits.
America is paralyzed by decades of accumulated law and lawsuits. That’s why we need to take action.