Template:Boilerplate capsule: Difference between revisions

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(Created page with "Legal eagles ''love'' the idea that the standard, tedious terms that make up the lion’s share of commercial legal discourse are ''special''. Then again, we all — not...")
 
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''Make way: I’m a doctor''.
''Make way: I’m a doctor''.


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.   
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.   


[[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.   
[[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''. while it cannot ''win'' us the race, it can help stop us ''losing'' it, by working dependably without breaking 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]].   
“Working” means “going in easily” — without argument — and “being commonly understood”; at the limit, being able to withstand scrutiny before the [[Queen’s Bench Division]].   


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.   
Curiously, that quality is not intrinsic to the boilerplate itself, but is a function of ''what the community thinks it means''. There is an [[emergent]] 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.   


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''.   
We should therefore regard boilerplate as a ''public resource''. A utility. We should not [[Rent extraction|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''.   


{{maxim|The quotidian is a utility, not an asset}}.
{{maxim|The quotidian is a utility, not an asset}}.