Fewer Rules, Better People: The Case for Discretion

Barry Lam

Book cover for Fewer Rules, Better People: The Case for Discretion
Book cover for Fewer Rules, Better People: The Case for Discretion

Fewer Rules, Better People: The Case for Discretion

Fewer Rules, Better People: The Case for Discretion

Barry Lam

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Description

Wherever there's a rule, there is someone with the power to apply or ignore it--or add to it, in the interest of justice. From enforcing chores to issuing life sentences, decision-makers deliver flawed and sometimes arbitrary outcomes. But is their use of discretion good or bad overall? As a society, should we seek to minimize or maximize discretion, with all its potential for bias and other kinds of human error?

Reframing our understanding of justice and ethics, philosopher Barry Lam argues that while use of discretion--whether by a sports referee, a parent, a police officer, or a judge--can never be perfect, removing it has even more problematic effects. Mandatory arrests and sentencing laws have not eliminated bias, but have corrupted the courtroom, institutionalized lying, and brought about even more unjust and arbitrary results. Fewer Rules, Better People is a bold, riveting treatise that sheds new light on political debates about law and justice while aiming to prepare us for the imminent threat of more "perfect," discretion-less rule enforcement by AI.

Critical Reviews

Mr. Lam has written a valuable book, reminding us that rules can't cover the innumerable differences between cases and shouldn't try to do so: Common rules for all are indeed better, leaving room for discretion. But discretion should remain wedded to our plural perspectives on the world, and those exercising it should refrain from insisting that theirs is the only way.--Andrew Stark "Wall Street Journal"

Lam argues that stricter rule enforcement does not lead to less biased outcomes than systems in which authority-holders enforce rules at their discretion, and warns against the encroachment of AI into decision-making roles.-- "Publishers Weekly"

Everyone who cares about improving anything should read this book.--Scott Hershovitz, Director of the Law and Ethics Program at University of Michigan and the author of Nasty, Brutish, and Short

Through sharp, fiery argument and vivid examples, Barry Lam brings to light the great undiagnosed disease of contemporary American life. This little book is a flaming arrow that hits its target.--Zena Hitz, author of Lost in Thought

A breath of fresh air in an increasingly bureaucratic world. Barry Lam's book encourages us to find a way to preserve our humanity in the face of bureaucracy and technology.--Sean Dorrance Kelly, Dean of Arts and Humanities at Harvard University and coauthor of All Things Shining

Whether dealing with referees, police officers, judges, IRS officials, or clerks at the DMV, I'll now remind myself that their discretion is to society's benefit. We just have to follow the 'no-asshole rule, ' making sure the wrong people aren't entrusted with discretion.--Aaron James, professor of philosophy at UC Irvine and best-selling author of Assholes: a Theory

Beautifully crafted. In a vivid study of the power of wise discretion, Barry Lam convincingly argues in favor of trusting human beings to make the right decisions when the stakes are high. A moving, transformative book.--Nick Riggle, author of This Beauty

A convincing case for rethinking inflexibility in rulemaking in favor of discretionary checks and balances.-- "Kirkus Reviews"

In a slim, thoughtful book, a philosophy professor warns that liberalism's tendency towards legalism can occlude moral judgment.-- "The Economist"

Publishing Information

Publisher: W. W. Norton & Company
Pub date: 2025-02-11
Length: 176 pages

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