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 Beyond A Reasonable Doubt: Letters and Essays from the Famous and Infamous on the Definition of Guilt in America's Courtrooms
Larry King
Phoenix Books, November 1, 2006
Philip K. Howard, Chair of Common Good, is one of the featured essayists in a new book, edited by renowned television personality Larry King, on the American legal system. Beyond a Reasonable Doubt is a compilation of essays, written by contributors selected by King, that explore interpretations and implications of the phrase “beyond a reasonable doubt” – one of the most used and least understood concepts in America. The essay by Philip Howard, entitled “Making Civil Justice Sane,” explores the proper role of judges and juries in deciding right and wrong, and argues that judges must constantly draw legal boundaries so that litigants can't use courts for legal extortion. Other distinguished contributors include Scott Turow, Frederick Forsyth, Alan Dershowitz, Robert Shapiro, and David Boies.
Essay Description:
In many ways, the tort reform movement has succeeded. Over half the states have damage limits, kangaroo courts no longer exist in Mississippi and Texas, and, thanks to the class action reform that Congress passed last year, some obscure county court can no longer bankrupt entire industries. But a lawsuit culture still corrodes daily relations throughout society. Doctors practice defensive medicine to ward off patient lawsuits and hesitate to intercede against inept colleagues, fearful of years of litigation. Businesses won’t give job references. Teachers have lost control of the classroom.
What’s missing in American justice is this: judges don’t exercise their discretion to protect against abusive or unreasonable claims. Restoring freedom in social interaction requires a basic shift in the goals of civil justice. Judges must see their role not as referees of a neutral dispute-resolution system but as guardians of reasonable choices, constantly making rulings that draw the boundaries of reasonable dispute.
If a civil lawsuit implicates the functioning of society, juries can resolve specific factual disputes, but the judge should then rule as a matter of law whether the activity constitutes an unreasonable risk. Rulings by the Supreme Court in the past ten years suggest that it is pushing judges in this direction. Legislators should also pass laws giving judges the responsibility to safeguard our freedom to act reasonably. The rule of law should support the functioning of a free society.
When you buy Beyond A Reasonable Doubt using the above link from Amazon, a portion of the profits will go to support Common Good.
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