Skip to main content

Thoughts XI


"The first thing we do, let's kill all the lawyers." --- Shakespeare

The legal profession has about the broadest range of intellectual ability as any of the prominent professions.  Known to most as an important profession, necessary in a complex society, but for which billed fees are perceived as disproportionate to the services rendered.  This we know.  However, it is the range of skill of lawyers, from supreme intellect to barely literate that we come upon. 

It's all in the licensing. Many folks could handle simple wills, property closing, contract execution and enforcement, and numerous lawyerly skills. For most of these tasks there are strict procedures of practice. Very little actual legal knowledge is required. There is a difference between understanding the nature of the law and preparing a will or trust for some needful client.  To be sure, without licensing the doors would open to completely unscrupulous, incompetent, and immoral practitioners.  Licensing is not unlike a dike that keeps out an ocean of pollution. It protects nothing within. 

Practice of law is now so routine that one can purchase software that contains the skeleton of innumerable legal documents.  Just make the needed changes, insert the correct names, and print.  There are even online websites that will help you on all this, even incorporating a business, getting a green card, making a will, and dozens of other functions.   It would be possible in many cases to set up "lawyer shop" to use these tools. It would be a limited practice. Alas, this is forbidden because the would-be entrapeneur does not have a license.

The license guarantees minimal training and minimal competency.  The license guarantees a right for a fee for services often done by the secretary.*  High or even good quality work is not part of the fee.

On the other hand some legal matters and situations are so subtle there is needed a legal mind of the highest caliber.  Their arguments and decisions are beyond the reach of most of us.  Some legal minds, in the past and currently, are of the highest intellect.

* On this I have inside information.  My mom was a legal secretary for years. Her work was demanding and exacting. She was given considerable responsibility. 

----------------------------------------------------
How do they do it?

Norway vs Russia in a pre-2014 world cup match. Score 1-1. But why?  The populations of Russia and Norway are respectively about 140,000,000 and 5,000,000.  Both countries are mindful and enthusiastic about their sports, particularly soccer.  both have a proportional number of children that play.  All use roughly similar tactics and strategies.  But Russia's gene pool for the best players is 28 times that of Norway.  This is a prodigious advantage which applies to players, coaches, managers, and every other skilled position in the pyramid of soccer infrastructure. Yet the match is played to a tie, and this was not a fluke.  It happens frequently every day across sports competition between many countries with disproportional populations. Simple logic compels us to believe Russia should totally dominate Norway in a disproportionate number of games game. 

It does not happen. So why is that?

I have only one explanation.  The winners of the world cup over the last couple of decades have been from large population countries, each with an avid even rabid soccer loving populous, each with highly skilled and highly paid professional teams, and each seemingly with a national mandate to excel in international competitions. Of course, there is an exception.  The Netherlands, with a population merely at 16,000,000, has been dominant in the last several World Cup matches, winning in 2010.  This year the favorites are the usual, Italy, Spain, England, Germany, Netherlands, Brazil, and the like, but with tiny Portugal (pop. 10,000,000) and Belgium pop. ~11,000,000) also ranked in the top ten contenders.  How do they do it?

----------------------------------------------------
Everybody can learn math.  Yeah, right.

Educators have been beating the drum that all students can learn math. 
See Helping Children Learn Mathematics, National Academic Press (2002), located online at http://www.nap.edu/openbook.php?record_id=10434&page=37
Among the many goals in this book we see the following advice to teachers.
  • Be committed to the idea that all children can become proficient in math.
  • Develop and deepen your understanding of math, of student thinking, and of techniques that promote math proficiency.
However, I've never heard the same about writing.  Here, it may be, reality has set in.

For some reason, the USA has ventured down a path that is patently not so.  Moreover, that some or many students cannot be proficient writers, or physicists, or gymnasts, or electricians seems to be accepted without question.  In trying to achieve this "math" goal huge resources are expended, curriculum is changed, teachers are frustrated.  It is true the teacher should do the best she can, but she cannot live in guilt for inability to achieve what is not possible.

Comments

Popular posts from this blog

Behavioral Science and Problem-Solving

I.                                       I.                 Introduction.                Concerning our general behavior, it’s high about time we all had some understanding of how we operate on ourselves, and it is just as important how we are operated on by others. This is the wheelhouse of behavioral sciences. It is a vast subject. It touches our lives constantly. It’s influence is pervasive and can be so subtle we never notice it. Behavioral sciences profoundly affect our ability and success at problem-solving, from the elementary level to highly complex wicked problems. This is discussed in Section IV. We begin with the basics of behavioral sciences, Section II, and then through the lens of multiple categories and examples, Section III. II.     ...

UNCERTAINTY IS CERTAIN

  Uncertainty is Certain G. Donald Allen 12/12/2024 1.       Introduction . This short essay is about uncertainty in people from both secular and nonsecular viewpoints. One point that will emerge is that randomly based uncertainty can be a driver for religious structure. Many groups facing uncertainty about their future are deeply religious or rely on faith as a source of comfort, resilience, and guidance. The intersection of uncertainty and religiosity often stems from the human need to find meaning, hope, and stability in the face of unpredictable or challenging circumstances. We first take up the connections of uncertainty to religion for the first real profession, farming, noting that hunting has many similar uncertainties. Below are groups that commonly lean on religious beliefs amidst uncertainty.   This short essay is a follow-up to a previous piece on certainty (https://used-ideas.blogspot.com/2024/12/certainty-is-also-emotion.html). U...

Robin Hood and Cliven Bundy

  Actor Herbert Mundin, playing Munch in the 1938 film The Adventures of Robin Hood (starring Errol Flynn) is charged by Prince John's troops of slaying a royal deer in the royal Sherwood forest.  The punishment is death.  Though the events of this film are a portrayal of events dating to the 15th century, they became by the 19th century a "robbing from the rich for the poor" theme so often depicted in other film genres. The William Tell legend is another. The plot is simple.  A poor man desperate to survive tastes the forbidden fruits owned by the authority, and is condemned. I would love to hear this event debated on the current TV news shows.  On the one hand, Munch would be a champion in service to his family.  On the other hand, his legal rights are restricted by legal authority. so, the argument would proceed.  Legal scholars cite statutes chapter and verse, while others would root for the common man.  Fast forward to 2014. Parallels ...