Drills and holes: Difference between revisions

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=== No-one got fired for hiring Big Law ===
=== No-one got fired for hiring Big Law ===
The first thing to say is that Professor Susskind’s founding observation, that people want outcomes — ''holes'' — and don’t really care about the machinery that delivers them — ''drills'' — is not some new disposition, vouchsafed by the [[information revolution]]. If it is true that we want holes not drills, it was as true in 1790 as it was in 1996, as it is today.   
The first thing to say is that this observation that people want outcomes and don’t really care about the machinery that delivers them — is hardly new. It does not depend for its validity upon the [[information revolution]].  
 
If it is true that we want holes not drills, it was as true in 1790 as it was in 1996, as it is today.   


''If''.   
''If''.   


But it is Llewelyn Thomas’s quip that has the ring of truth. We go to [[Allen & Overy]] not because it gives the best advice, but ''because it is [[Allen & Overy]]''. Ex-[[Magic circle law firm|magic circle]] [[partner]]<nowiki/>s routinely find this to their disappointment when the phone stops ringing.   
But it is Llewelyn Thomas’s quip that has the ring of truth.  
 
We go to [[Allen & Overy]] ''not'' because it gives the best advice, but ''because it is [[Allen & Overy]]''. Ex-[[Magic circle law firm|magic circle]] [[partner]]<nowiki/>s routinely find this to their disappointment when the phone stops ringing.   


It isn’t the ''hole'' people want: ''it’s the drill''. We can believe this is not so, but only by denying facts as they ''appear'' to us in favour of a mental model that ''appeals'' to us.  
It isn’t the ''hole'' people want: ''it’s the drill''. We can believe this is not so, but only by denying facts as they ''appear'' to us in favour of a mental model that ''appeals'' to us.  


=== Law as a [[complex system]] ===
=== Law as a [[complex system]] ===
The legal ecosystem developed in the way it did not ''despite'' customer demand but ''in response to it''. But not just customer demand: practitioner demand, societal demands and all the other multifarious demands, contingencies, [[Power structure|hierarchies]] and doctrines that the wider [[complex system|system]]. The legal system is, well, a ''[[system]]'': a web of [[complex]] interactions: stocks, flows and feedback loops, subroutines, submerged agendas and [[Conflicts of interest|conflicting interest]]<nowiki/>s that push it into a gently morphing pseudo-equilibrium.  
The legal ecosystem developed in the way it did not ''despite'' customer demand but ''in response to it''. But not just customer demand: practitioner demand, societal demands and all the other multifarious demands, contingencies, [[Power structure|hierarchies]] and doctrines that the wider [[complex system|system]]. The legal system is, well, a ''[[system]]'': a web of [[complex]] interactions: stocks, flows and feedback loops, subroutines, submerged agendas and [[Conflicts of interest|conflicting interest]]<nowiki/>s that push it into a gently morphing pseudo-equilibrium.


Re-imagining this whole system from scratch through the lens of a four-box quadrant ignores the institutions, conventions, [[Power structure|hierarchies]] and deeply ingrained structures, embedded in glacial [[Pace layering|pace layers]] — the ways we have all worked out of comfortably working — that are there, in significant part, to protect the system from sudden shocks and, yes, to protect the selfish interests of the multitudes that presently thrive within it. They deliver [[certainty]]. They provide the stability that is necessary to deliver a reliable hole in the wall, or — if that is what the customer wants — that deliver a shiny new drill with lots of buttons, lights and a badge saying “[[magic circle]] certified fresh{{tm}}” on it.
Re-imagining this whole system from scratch through the lens of a four-box quadrant ignores the institutions, conventions, [[Power structure|hierarchies]] and deeply ingrained structures, embedded in glacial [[Pace layering|pace layers]] — the ways we have all worked out of comfortably working — that are there, in significant part, to protect the system from sudden shocks and, yes, to protect the selfish interests of the multitudes that presently thrive within it. They deliver [[certainty]]. They provide the stability that is necessary to deliver a reliable hole in the wall, or — if that is what the customer wants — that deliver a shiny new drill with lots of buttons, lights and a badge saying “[[magic circle]] certified fresh{{tm}}” on it.