Keen On

Lawyers usually like the law. The more the better. But in addition to his life as a top corporate lawyer, Philip K. Howard has made a second career out of criticizing the invasion of law into American society. In books like The Death of Common Sense, Life Without Lawyers and his latest, Saving Can-Do, Howard argues that a uncontrolled thicket of legal red tape is undermining innovation in America. The lawyer’s central thesis is against the law: America has morphed from a can-do nation into a can’t-do society where individual judgment has been replaced by legal central planning, and where citizens must ask lawyers for permission before acting. Too many lawyers and too many laws, Howard says, are transforming America into a dystopia caught between Brave New World and Nineteen Eighty-Four. But isn’t that a bit rich, perhaps even Orwellian, from the Senior Counsel at one of America’s most illustrious law firms?Keen On America is a reader-supported publication. To receive new posts and support my work, consider be