Law in Contemporary Society

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KhurramDaraSecondPaper 7 - 16 Jun 2012 - Main.EbenMoglen
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Why it's hard for me to be creative

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 It’s not that this process is entirely without any utility. It’s just that it requires little, if any creativity. This structure does do one thing very well--it makes us all really good, I mean really good, at following directions. Which means for most of our professional lives, our work will only be as good as the directions that precede it.
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So, now that you've been through the process so many times, and floated to the top each time, what have you got left to prove? In the military, fruit salad puts an officer's entire service history on her uniform. Within a totalizing organization, where promotion is the only form of career path possible, until it stops, that's the whole story told precisely and completely.

But—here's where the creativity thing begins—human society is not necessarily like the military. Your pathway isn't linear like that any more. Only those who cannot tolerate the complexity of making their own decisions must remain within the boundary of directions. All others have a choice. The form the choice takes is called "creativity." The most basic form creativity takes is the creation of one's own life. This happens by conscious transcendence of the patterns imposed by our insecurities, our shames, and the unintended consequences of our past successful efforts to mend our psychic wounds.

The ability to do creative lawyering—to make things happen in society, using words, that haven't happened before—includes, necessarily, the ability to perform that task for oneself, by making a career happen in society, using words, that is not other-directed. The crucial learning necessary is learning not to be afraid of creating your own practice. It is not an exam. It is your practice. You do write your own questions, by developing your various expertises, and by choosing your clients. Your mistakes are scored against you, and you try not to make any serious ones.

At the beginning, you need mentoring, which must come from the other asset of your practice besides the license, which is your network. Your network has to contain the necessary mentoring, delivered usefully, to enable you to grow your practice at the beginning. You should be expecting the law school, in return for the large amount of borrowed money you are paying it, to help you build the network and get the mentoring. (The best possible mentors would be powerful, experienced, effective and respected leaders of the profession, who might be expected to be the faculty. If not, at least the faculty should be actively introducing you to them. What they ought _ not_ to be doing is hiding in their offices, demanding a "specific question" at office hours, giving true/false final exams, writing recommendation letters that reveal an absence of personal knowledge of and contact with the student, etc.)

But you also need the inner freedom to create. That's made of several important parts. You need to have been taught to put away the fear of failure. You need to learn alertness to social phenomena that could lead to expertise for you that would attract clients. You must be able to communicate and collaborate effectively in 21st-century social conditions, using the new modes of social process that have grown up in the brief life so far of the Net. You must understand the fundamentals of independent professional life in the "Internet society." You need teachers who can help you learn these things.

The alternative you propose, that everyone will be part of hierarchical organizations issuing orders for other-directed careers, will not be available in your lifetime. That it has been available is no guarantee of its continuance. You should not educate yourself to play a role in that world, because you will find yourself unsuited to the one in which you are actually going to live.

 
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Revision 7r7 - 16 Jun 2012 - 20:18:59 - EbenMoglen
Revision 6r6 - 10 Jun 2012 - 00:28:42 - KhurramDara
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