OneNDA: Difference between revisions

OneNDA (view source)

Revision as of 11:58, 26 August 2021

497 bytes added , 26 August 2021

no edit summary

Amwelladmin

Bureaucrats, Interface administrators, Administrators

82,883

edits

@@ Line 8: / Line 8: @@
 ''Make way: I’m a doctor''.
-But our dark secret: much of what we do, to get to those subliminal moments of artistry, we do on autopilot: to win Le Mans you must keep the engine tuned, the tank filled and the tyres pumped up. Without attending to this quotidian stuff, you don’t get to exercise your ineffable skill.
+But our dark secret: much of what we do, to get to those subliminal moments of rarefied artistry, we do on autopilot. To win Le Mans, first keep the engine tuned, the tank filled and the tyres pumped up. ''Then'' drive like Stirling Moss.
-For lawyers, [[boilerplate]] is the workaday engineering that makes stuff go. Boilerplate is to a contract what spark plugs are to a high-performance engine. What we want from it is ''reliability''. It will not ''win'' us the race; it reduces the likelihood that we ''lose'' it.
+[[boilerplate|Boilerplate]] is the spark-plugs and fan belts of legal machine: workaday engineering that makes stuff go. What we want from it is ''reliability''. It will not ''win'' us the race; it can stop us ''losing'' it, by working, dependably, without breaking down.
-We want boilerplate to work, dependably, and not break down.
+“Working” means being easily installed — without argument — and commonly understood; at the limit, being able to withstand scrutiny before the [[Queen’s Bench Division]].
-While the quality of one brand of spark plug has no bearing on the quality of another, this is not true of legal boilerplate. There is strength in numbers. If everyone adopts the same boilerplate, the boilerplate is more effective, ''regardless of what it says''. We should, as a community, regard this as a free public resource, and not some productivity creation initiative to keep battalions of [[legal eagle]]s in well-paid but soul-destroying work.
+Curiously, that dependability is not intrinsic to the boilerplate itself: it is a function of ''what the community thinks it means''. There is, therefore, a strength in consensus: if everyone uses it, it is more effective, by itself, regardless of the cleverness of its engineering. Law is a sociological phenomenon, first and foremost.
-No type of legal contract is more boilerplate than an [[NDA]]. The [[NDA]] is pure, abstracted, essence of boilerplate. ''[[Boilerplate]] is all there is''.
+We should regard boilerplate as a public resource. We should not extract rent from it. We should not regard it as special. Lawyers don’t help anyone, or nourish their own souls, by acing boilerplate. So, folks, let it go. ''Set your boilerplate free''.
-But {{maxim|the quotidian is a utility, not an asset}}.
+{{maxim|The quotidian is a utility, not an asset}}.
+Now, no legal form has more boilerplate than an [[NDA]]. To read one is to behold pure, abstracted, essence of boilerplate. ''[[Boilerplate]] is all there is''. Yet generations of legal eagles have dug themselves into slit trenches to argue the toss over this quotidian contract. It has been some kind of insane compulsion: not one of them ''enjoyed'' it; not one of them saw any point in it; they found themselves compelled to do it; drawn to it like moths to a lamp.
+“I must negotiate this NDA, because this is what I do. [[It is in my nature]].”
 Kudos, therefore, to the team at [http://www.lawboutique.co.uk TLB] for doing something about it.<ref>Don’t just read about it here: go see: https://www.onenda.org</ref>
-The [[JC]] put his sclerotic old shoulder to the wheel, for whatever that is worth and commends his friends, relations and readers; especially those who occupy places in the firmament, or up the fundament, higher than his own — that’s more or less all of you — to do what you can to get your own organisations behind this excellent initiative. Start with the NDA, who knows where it may lead?
+The [[JC]] put his sclerotic old shoulder to the wheel, for whatever that was worth, and commended his friends, relations and readers to do the same; especially those who occupy places in the firmament, or up the fundament, higher than his own.
+Start with the NDA, who knows where it may lead?
 ===Later ... ===