The Case Against Lawyers: How the Lawyers, Politicians, and Bureaucrats Have Turned the Law into an Instrument of Tyranny--and What We as Citizens Have to Do About It Review

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The Case Against Lawyers: How the Lawyers, Politicians, and Bureaucrats Have Turned the Law into an Instrument of Tyranny--and What We as Citizens Have to Do About It ReviewThis in an interesting and disturbing book about how the law today has frequently been used to abuse citizens and weaken our democracy and economy rather than protect us. Catherine Crier observed the inner workings of the legal system as a private attorney, distict attorney, and judge; her frustrations with the current day practice of law in contrast to her beliefs regarding the underlying intent of the founders of our country led her to write this book. It has a theoretical base but primarily consists of anecdotes and case studies so outrageous that she hopes that her readers will heed her call for a return to commonsense and personal responsibilty. It is easy to read and contains a lot of very diverse material, some widely disseminated but most probably unknown to casual students of the subject. And I believe that she proves her case.
She begins with a brief introduction which outlines in very cogent form her view of nine characteristics with which our laws should uniformly conform but which are often lacking from modern jurisprudence. Then she goes on to examine several areas of particular concern to her: among these are the perversion of our educational system by the search for equality rather than excellence, the police state tactics of regulatory agencies, the extremes to which enforcement of the ADA has beeen carried, civil rights vs. civil liberties, the role of money and lobbyists in politics, and particularly effectively in my opinion how our war on drugs has become an "addiction to insanity". Her conclusion that in some cases we seem to have entered the Twilight Zone in such areas as personal damage awards regardless of whether any neglience was actually involved and discussion of how attorneys often use the threat of punitive damages as "a sledgehammer" is right on the mark.
Nevertheless, I recommend this book with mixed feelings and found it hard to rate. While the author does a very good and often entertaining job of proving her case, her discussion of our Constitutional principles and how they have been subverted could have been better. She also vacillated frequently between her apparent libertarian impulses (with which I am generally in agreement) and populist outrage which was naive and very disappointing. While she pays lip service to the fact that politicians and businessmen usually just respond to the incentives with which they are presented, she often seems to be reflexively and almost rabidly anti-business. At the same time she pays no attention to such other sources of power as labor unions and associations and groups such as AARP and Jesse Jackson's Rainbow Coalition.
I was also disappointed by the brevity and unconvincing or incomplete nature of her suggestions for reform. She seems to fail completely to recognize that most of the things which she finds outrageous result from the sheer size our our government today and the potential for abuse which this provides. Thus if the problems are systemic in nature they need a comprehensive solution. She convinces us that we have suffered horrible injury, then offers us a few bandaids.
She seems to agree with the Jeffersonian vision of limited government, personal responsibilty, and a dominant role for civil rather than political society. In fact, she refers to Jefferson often and contrasts his views with those of Hamilton. Yet she refrains from aggressively endorsing a return to Constitutional first principles, especially a reinterpretation by the courts of the Commerce Clause and the Ninth and Tenth Amendments. She wants us to take action, but apparently is hesitant to call for an activist role for the courts in defense of liberty. Perhaps she is afraid of the harm that an activist judiciary has done in creating the meaningless idea of "a living Constitution", but an activist judiciary in defense of first principles is quite different. In this fight, only the framers understanding that the Constitution is the shield of the people against the sword of government will save us in the end from the tryanny to which she believes we are now subjected. Hopefully her next book will reach this conclusion and more clearly articulate this point.The Case Against Lawyers: How the Lawyers, Politicians, and Bureaucrats Have Turned the Law into an Instrument of Tyranny--and What We as Citizens Have to Do About It Overview

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