Vendor
	Mohrbooks Literary Agency Marie Arendt

FEWER RULES, BETTER PEOPLE

Barry Lam

The Case for Discretion

A philosopher argues that the proliferation of rules and mandates is making us dumber, less moral, more deceptive, and less able to govern important institutions.

Wherever there's a rule, there is someone with the power to apply or ignore itor 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 discretionwhether 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.

Barry Lam is a professor of philosophy at the University of California, Riverside, and the host and producer of the Hi-Phi Nation podcast for Slate, a show about the moral and philosophical issues implicated in science, law, and everyday life.

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Book Published 2025-02-11 by W. W. Norton & Company

Comments

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.

Everyone who cares about improving anything should read this book.

Q&A with Evan Selinger Read more...

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

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.

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.

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. Read more...

A convincing case for rethinking inflexibility in rulemaking in favor of discretionary checks and balances.

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.

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.