Law in Contemporary Society

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WalkerNewellFirstPaper 3 - 31 Mar 2009 - Main.IanSullivan
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The Case For Change From Without

-- By WalkerNewell - 27 Feb 2009
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 But if she wants things to change, it is not necessary or even advisable that she attempt pursue change from within the government or corporate world. Arnold posits that organizations will hang on for a long time after they are obsolete. If this is the case, as it seems to be, then a newly minted lawyer will encounter great resistance to her attempts to change the elemental workings of these institutions. Similarly, she need not be worried that her efforts to undermine faltering structures might result in their destruction before substitutes can be found. Again, if she accepts Arnold’s proposition, then her efforts will not have immediate effect. Therefore, it might be more effective for her to work for an organization which is somewhat separate from the power complex, and seek change by proposing alternative institutions or ways to change existing institutions. The drama element of the con has been provided by the circumstances. Potentially, all that is needed is the right idea and the right pitch. Given the reactionary impulses which accompany the fall of institutions, someone with new concepts to sell might well be a true monopolist.
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  • This is all sort of interesting, Walker, but it's kind of like reading "imaginary world" science fiction. In your world, lawyers are narrowly specialized for a lifetime, the way doctors are on Earth. Just like an orthopedic surgeon is never going to become a neurologist, in your world people who do securities law are never going to become non-profits experts or anti-IP revolutionaries. So young lawyers make these big choices in your world, on the basis of complex strategic reasoning, and hope that they've correctly judged the uncertain future when they chose their specialty. Yours is the story of how lawyers in such a world might seek to effect change. (Thurman Arnold seems to exist on your world, too, but he is also strangely different and only in part recognizable.)

  • As I say, this is all very interesting. But we live in the so-called real world, where for example my best lawyer in my anti-IP revolutionary organization, and also my non-profits expert, spent her first six years out of Columbia as a securities lawyer in New York and London. And I trained by getting a JD and PhD? so I could do eighteenth-century Anglo-American legal history. And my senior counseling associate, who hates litigating and tries to avoid it, was a Cravath litigator. The idea that people make life choices at 24 that they are permanently bound by is not what the US American society of continuous personal reinvention would be expected to think, and it doesn't. Our legal profession, like our marital culture and our literary sensibility and everything else about us "Americans" assumes flexibility and movement. If you recast this weird static analysis of life-choices as a dynamic structure of iterated reconsiderations, you will begin to get somewhere.
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Revision 3r3 - 31 Mar 2009 - 16:18:12 - IanSullivan
Revision 2r2 - 28 Feb 2009 - 22:46:23 - WalkerNewell
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