Americans have to trust that society can flourish without empowering lawyers to micromanage everything.
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Iāve seen labor management disputes where people spend tremendous amounts of time and energy trying to create legislation that would force people to act as though the foundation of trust were really there.
But the United States will not remain a great power it it caters primarily to the wealthy. Itās failure to build enough has hurt working people and makes the country feel like a low-agency society.
I donāt want to get rid of lawyers. Rather, I want to help lift the engineers (and also their technocratically minded brethren, the economists) back up. Not to raise them onto a pedestal but to elevate them so that there are other voices in the mix. The United States could use fewer lawyers who devote their careers to litigating the life out of government agencies and more lawyers of the dealmaker bent who are interested in working out how to deliver better services. Law professor Nick Bagley concluded his seminal paper on proceduralism (which I referenced in the first chapter) with a polite, but deceptively powerful, proposition that I want to echo: Lawyers should consider whether they could achieve more by stepping out of the way.
To succeed, the United States doesnāt need to adopt Chinaās means of construction. This book has detailed how the engineering stateās approach has wrought horrors and is no longer fit for purpose even in China. Rather, the United States can look toward other Western countries, like Spain, Germany, and Japan, which strike a better balance between public consultation and environmental review on the one hand and getting stuff built on the other.
To achieve all of this, I proposeā very gentlyā to unwind the dominance of lawyers in the United States. That will require us to confront the proceduralism that exists inside government and broader society. And it will require us to renew our faith in government institutions to deliver essential services.
Leaving out trust instigated by the less empowered would miss how behaving out of trustā with faith in other peopleās capacity for fairnessā can be its own source of power, even when, or especially when, it comes from people lower in the social order.