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Fear of Discretion

By Kate Stith

Abstract

As its title suggests, The Death of Common Sense is a book with a simple and straightforward message: Our society\u27s reliance on law is excessive, misbegotten, and possibly fatal. The subtitle of the book is \u22How Law is Suffocating America.\u22 Indeed this missive does leave the reader at least worried, if not convinced, that modern law is an asphyxiating smog. An asphyxiating smog that is stifling our society\u27s creative energies and poisoning our public processes - because it is too detailed, too procedurally rigid, and too dependent on creation of new legal rights as the solution to policy ills

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1998
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-2271
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