http://www.ted.com/talks/philip_howard.html
The basic premise of this TED talk is to indicate the need for a reform of the legal system. Philip K. Howard notes that the legal system promotes restrictions more so than actually promoting freedoms. He points out that, in doing so, the legal system inherently contradicts itself. Howard brings up the idea that people are often restricted by law such that they are afraid to do their jobs because they might be sued for doing so. For instance, doctors often do more tests that necessary on their patients and they do so because they feel the need to cover their bases or in other words practice “Defensive Medicine”. Excluding the possibility that doctors do this for extra profit, this example suggests the impact that legal fear has on professional interactions. Howard builds on this with the concept that people often perform below their peak effectiveness when they have to be self-conscious about the possibility of being sued. He also indicates that this massive amount of laws slows political process because people and politicians tend to avoid contradictory issues that may be a source of conflict; however, avoiding these issues is the unspoken reason for the current conflicts and distrust in the legal system. Because of the risk associated with practicing their occupations, people tend not to want to take responsibility for the grey-areas of their jobs. Howard expresses the counter-intuitiveness of this mindset and suggests four methods for reform. (1) Judge the law mainly by its effect on society, not on the individual. (2) Trust in the law is an essential condition for freedom. Distrust skews behavior towards failure. (3) Law must set boundaries protecting an open field of freedom, not interceded in all disputes. (4) To rebuild boundaries of freedom, two changes are essential (a) to simplify the law (b) restore authority to judges and officials to apply law. By carrying out his first point, the law would be more effective overall as opposed to being skewered for the benefit of specific cases. By promoting the second and third, people practicing their occupations will not have to worry about absurd legal consequences and practice more effectively. By working towards the forth, the system will become less complex and easier to integrate into average everyday life. Furthermore, authority in this sense –as he states— does not take away from freedom, but actually aids in its protection. This TED talk interested me because often times people can note problems with the political system, but very few people are bold enough to provide answers and suggest solutions. I was interested in seeing what explanations Howard had and how he would defend his positions.
Howard went to Taft School, Yale College, and the University of Virginia Law School. His first policy related job was at the Oak Ridge National Laboratory working for a civil defense group that later published papers on post-war economic recovery. After law school, Howard worked at the Sullivan & Cromwell LLP law firm where he played a role in important cases such as the Chris-Craft case and the Kodak’s antitrust cases. As a young lawyer, Howard was highly active in civic affairs becoming involved in the Zoning Committee of Manhattan Community Board. His list of civic roles continues from there which eventually leads him to explore why the government seemed incapable of making sensible choices which lead him to write his book The Death of Common Sense. Generally, Howard was very ambitious and highly involved at the same time a being open and learned on the stances that he took. An important step the Howard took was founding the Common Good association which specifically advocates reforms to restore the reliability of the law and to rebuild the authority structures necessary for common choices.
After high school, I’d like to look into either business or law majors. While there isn’t necessarily a law major in undergrad, I’d like to get involved in pre-law. In the case of business, I’d really like to get involved in international business deals overseas in Asia. I think I’m leaning more towards business as I have thought further into it. I plan to minor in Chinese in addition to my major—be it law or business— and continue my study of foreign language in addition to trying to study abroad in China. In terms of a first occupation, I’d like to try and get hired into a business/marketing firm associated with some family friends or work for a more minor form the focuses on low scale international deals. I’d also like to definitely look into a graduate or professional school that has an international business or policy program. I'm really passionate about pursuing an occupation abroad and using foreign languages as a tool to do so. My aunt and a teacher that I consider very important to my development as a person were both involved in similar occupations which I found highly interesting.
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