Evolution by natural selection: Difference between revisions

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Well, I told you [[I]] was a contrarian, didn’t I?
Well, I told you [[I]] was a contrarian, didn’t I?


Here’s how evolution actually works in a legal context. Lawyers are like [[gene]]s. They are mindless replicating engines. It is what they do: they ''spawn''. They combine to create {{tag|contract}}s. The contracts have variations in them. Good contracts that are fit for a given purpose will replicate more easily than bad ones that are not.
Here’s how evolution actually works in a legal context. Lawyers are like [[gene]]s. They are mindless replicating engines. It is what they do: they ''spawn''. They combine to create {{tag|contract}}s. The contracts have variations in them. Good contracts that are fit for a given purpose will replicate more easily than bad ones that are not. T hey will [[evolve]], not ''towards'' a perfect golden mean, but away ''from'' the imperfect gerrymandered place in which we find ourselves today, and into an imperfect gerrymandered one we’ll be in tomorrow.


but the purpose is not the one you think.
The purpose of this evolution is not the one you think.


The contract, remember, is merely a vehicle for replicating its genes: it is not a replicator itself: it is a [[phenotype]]. The best kind of contract is one which will generate lots of little places for lawyers to secrete themselves away snuggle, feeding gently on the words of the contract, spewing out [[without limitation]]s, [[for the avoidance of doubt|for the avoidances of doubt]], and chewing up and recycling the words to that no one else, other than another legal replicator, can understand it.
The {{tag|contract}}, remember, is merely a [[phenotype]]; a vehicle for replicating its genes, the [[Mediocre lawyer|selfish lawyer]]s. It is not a replicator in itself. The best kind of {{tag|contract}} will generate lots of little places for lawyers to secrete themselves away, snuggling into the toasty folds of its nested relative clauses, secreting roe on its boilerplate, feeding happily on its juicy words. The lawyers will contribute to their host, spewing out [[without limitation]]s, [[for the avoidance of doubt|for the avoidances of doubt]], chewing up and recycling the words that no one else, other than another legal replicator, will ever read or understand, much less, once they are written and filed, care about.


The contract is like a host.
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Revision as of 15:08, 12 July 2018

The greatest scientific achievement — or not science at all?

Well, I told you I was a contrarian, didn’t I?

Here’s how evolution actually works in a legal context. Lawyers are like genes. They are mindless replicating engines. It is what they do: they spawn. They combine to create contracts. The contracts have variations in them. Good contracts that are fit for a given purpose will replicate more easily than bad ones that are not. T hey will evolve, not towards a perfect golden mean, but away from the imperfect gerrymandered place in which we find ourselves today, and into an imperfect gerrymandered one we’ll be in tomorrow.

The purpose of this evolution is not the one you think.

The contract, remember, is merely a phenotype; a vehicle for replicating its genes, the selfish lawyers. It is not a replicator in itself. The best kind of contract will generate lots of little places for lawyers to secrete themselves away, snuggling into the toasty folds of its nested relative clauses, secreting roe on its boilerplate, feeding happily on its juicy words. The lawyers will contribute to their host, spewing out without limitations, for the avoidances of doubt, chewing up and recycling the words that no one else, other than another legal replicator, will ever read or understand, much less, once they are written and filed, care about.

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