The tyranny of good intentions
how prosecutors and bureaucrats are trampling the constitution in the name of justice
『The tyranny of good intentions』の概要
A chilling expose of American justice gone wrong. Nobel economist Milton Friedman called it "a devastating indictment" of a system where prosecutors trample constitutional rights. Both Alan Dershowitz and Harvey Silverglate agree - its warnings about eroding civil liberties proved prophetic after 9/11.
『The tyranny of good intentions』の主要テーマ
- prosecutorial misconduct
- civil liberty erosion
- legal intent doctrine
- anglo-american jurisprudence
- government overreach
『The tyranny of good intentions』の名言
Law transforms from shield to weapon.
Law flows from the people.
Nonsense on stilts.
No crime without intent.
Accidents could be treated as crimes.
『The tyranny of good intentions』の登場人物
- Paul Craig RobertsCo-author and economist
- Lawrence M. StrattonCo-author and legal scholar
- Sir Edward Coke17th-century jurist who defended English liberties
- William BlackstoneAuthor of Commentaries on the Laws of England
- Jeremy BenthamUtilitarian philosopher who attacked legal rights
著者について
『The tyranny of good intentions』の著者について
Paul Craig Roberts and Lawrence M. Stratton, authors of The Tyranny of Good Intentions, are acclaimed voices in legal scholarship and civil liberties advocacy. Roberts, a former U.S. Assistant Secretary of the Treasury under President Reagan and economist, combines policy expertise with a sharp critique of government overreach. Stratton, an attorney and research fellow, contributes legal depth to their examination of eroding constitutional protections.
Their collaboration blends historical analysis and contemporary case studies to expose how prosecutors and lawmakers undermine foundational rights like habeas corpus and presumption of innocence.
The duo’s earlier work, The New Color Line: How Quotas and Privilege Destroy Democracy, similarly challenged systemic inequities, establishing their reputation as bold critics of institutional power. Roberts’ other notable books, including How America Was Lost and The Failure of Laissez Faire Capitalism, further explore themes of governance and economic policy.
Praised by figures like Milton Friedman and Alan Dershowitz, The Tyranny of Good Intentions has been hailed as essential reading across the political spectrum, with translations in multiple languages underscoring its global relevance.
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この本に関するよくある質問
The Tyranny of Good Intentions critiques how prosecutors and bureaucrats erode constitutional rights like due process and property protections under the guise of pursuing justice. Authors Paul Craig Roberts and Lawrence M. Stratton argue that both liberals and conservatives enable government overreach through policies prioritizing convictions over fairness, with examples ranging from coercive plea bargains to abusive asset forfeiture laws.
Paul Craig Roberts is an economist, former U.S. Assistant Secretary of the Treasury under Reagan (1981), and co-author of The Tyranny of Good Intentions. A prolific columnist and academic, he’s known for advocating supply-side economics and critiquing government overreach. His career spans roles at The Wall Street Journal, Stanford’s Hoover Institution, and Georgetown University.
This book suits legal professionals, civil liberties advocates, and readers concerned with government power abuse. It offers historical insights into eroding rights, making it valuable for those interested in criminal justice reform, constitutional law, or libertarian critiques of prosecutorial misconduct.
Yes—it’s a provocative examination of systemic legal corruption, praised by figures like Milton Friedman. While criticized for its polemic tone, its harrowing case studies and analysis of forfeiture laws, plea bargaining, and bureaucratic overreach remain relevant for understanding modern justice system flaws.
The book highlights:
- Withheld evidence in high-profile cases.
- Coerced confessions in child abuse trials.
- Politically motivated prosecutions, such as targeting Exxon after the Valdez oil spill.
These examples illustrate how officials prioritize convictions over truth.
Plea bargaining coerces defendants into admitting guilt to avoid trial risks, even if innocent. This system sacrifices justice for efficiency, eroding the presumption of innocence and enabling wrongful convictions.
It traces protections like due process to the Magna Carta (1215) and English common law, arguing modern legal practices—such as retroactive laws and asset forfeiture—betray these foundations. The authors warn against repeating tyrannical patterns seen in pre-constitutional eras.
- Reinstate mens rea (intent) requirements.
- Hold prosecutors accountable for misconduct.
- Public awareness campaigns to reclaim eroded rights.
These measures aim to restore legal safeguards against arbitrary state power.
Cases like Leona Helmsley’s tax evasion charges and abusive civil forfeiture laws exemplify how officials bypass constitutional protections. The authors argue such practices normalize “guilty until proven innocent” standards.
The authors blame Jeremy Bentham’s utilitarian philosophy (“greatest good for the greatest number”) for justifying rights violations. They argue this mindset enables prosecutors and regulators to trample individuals for perceived societal benefits.
Historically, laws shielded citizens from state power. Today, agencies weaponize regulations against individuals—a shift the authors call a “tyranny of good intentions.” For example, forfeiture laws now let police seize property without charges.
Critics argue its polemic tone oversimplifies complex issues, such as portraying J. Edgar Hoover as a restraint model. However, its core warnings about prosecutorial abuse and eroded liberties resonate across ideological lines.
