Template:M intro work Large Learning Model: Difference between revisions

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→‎Who’s client? Oh, right: she’s a lawyer, too.

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 [[Plain English]] is not for [[serious people]].
-===Conservative motivation===also we must not underestimate the overwhelming power of the lawyers intuition that what has gone before is sacrosanct.
+====Conservative motivation====
+Nor should we underestimate the overwhelming power of the lawyer’s intuition that ''what has gone before is sacrosanct''.
-Lawyers are the last great [[positivist]]s. They understand instinctively that what has been already laid down — “deposited” — is ''safer'' and than anything new that they might themselves contribute. The [[common law]] itself reinforces this: the [[doctrine of precedent]], after all, is to all intents a divine commandment to do, in times of doubt, what has been done before. The more authoritative the text’s author, the more sacred it will be.
+Lawyers are the last great [[positivist]]s: they understand instinctively that what has been already laid down by someone else — “deposited” — is ''safer'' and than anything new that they might themselves contribute. The [[common law]] with its [[doctrine of precedent]], after all, is to all intents a divine commandment, in times of doubt, to do what has been done before.
-This is a deep cultural disposition. It is a strong selection criterion. It will not be displaced overnight.
+The more authoritative the source, the more sacred it will be.
-Thus, lawyers will assiduously “track the legislation” to ensure utmost fidelity notwithstanding their private reservations about how it was drafted. Indeed, the more ambiguous the source text, the more assiduously should we expect lawyers to replicate it.
+Thus, lawyers will assiduously “track the wording of legislation” to ensure their drafting matches it with utmost fidelity, notwithstanding any private reservations they may have about how it was drafted. Indeed, the more ambiguous, or just ''difficult''  the source text, the more assiduously should we expect lawyers to replicate it. Because they fear it. They fear the limit of their own mastery.
-This positivism-through-fear extends with equal force to established market precedents.
+This “positivism-through-fear” extends with equal force to established market precedents. It doesn’t matter how manifestly unfit for purpose it is, the resistance to change will be strong.
 ====Meet the new boss —====