Law in the Internet Society

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GillianWhiteFirstPaper 6 - 24 Jan 2013 - Main.EbenMoglen
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An internet society: what kind do we have and what can we do to change it?

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 Additionally, lawyers tend to specialize: we shirk being even legal generalists, and in particular working with other disciplines. The free software movement is a good example of how lawyers and technologists can work across the aisle on technical solutions to unfreedom. Lawyers will have to do better at this kind of cooperation in the fields of advocacy, policy advice and litigation.

I think many of us can work as champions, advocates and educators of a free internet society if we exploit our strengths and respond to our weaknesses.

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This seems to me both responsive to the points I raised last time, and much stronger for the responses. I agree with you that your thinking here has evolved, to your advantage in all your further thinking.

On your concluding point about lawyers' specialization, I would add a couple of notes. In the first place, you might want to consider the ways in which the collaboration of lawyers and technical experts that seems unusual to you in connection with the free software movement is actually the norm in a variety of settings, from environmental law organizations like the Environmental Defense Fund to, say, IBM or Qualcomm. More important even than such collaboration is the personal development of multiple professional expertises: lawyers who are also technical experts. In societies where law is an undergraduate study, lawyers rarely have fully-developed scientific or technical expertise. But in the US—where law is a graduate study so that everyone has a prior tertiary education, and where personal self-reinvention is a cultural given, so that highly intelligent people may have several sequential or simultaneous careers in utterly different fields—it is possible for lawyers to combine other forms of expert domain knowledge with the actual specialization of lawyers, which is not law but lawyering, the discipline of making things happen in society using words.

The fullness of perspective is the background of strategic as opposed to tactical thinking. The tactician's power is focus: creative determination to achieve the designated objective with the assigned resources, come what may. Focus is a weakness in the strategist, whose concern it is to allocate resources among objectives, and who must have the entire battlefield in view. You might want to ask of your argument concerning specialization whether it doesn't make the lawyer a tactician, working for a strategist who is possessed of another range of available cognitive approaches. If that's right, some other interesting thoughtways would open.

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Revision 6r6 - 24 Jan 2013 - 02:02:59 - EbenMoglen
Revision 5r5 - 15 Jan 2013 - 13:49:57 - GillianWhite
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