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brazil84 comments on Rationality Quotes April 2014 - LessWrong
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Well - law is, in a strict sense, entirely about convincing other humans that your interpretation is correct.
Whether or not it actually is correct in a formal sense is entirely screened off by that prime requirement, and so you probably shouldn't be surprised that all methods used by humans to convince other humans, in the absence of absolute truth, are applied. :)
Would that include drafting a fire code for buildings? Would it include negotiating a purchase and sale agreement for a business? Would it include filing a lawsuit for unpaid wages? Would it include advising a client about the possible consequences of taking a particular tax deduction?
It's hard to see how it would, and yet all of these things are regularly done by lawyers in the course of their work.
Those are, indeed, all examples of persuading human beings.
The other two are excellent points.
"persuading human beings" is not exactly the same thing as "convincing other humans that your interpretation is correct."
Besides, in negotiating an agreement much of the attorney's job consists of (1) advising his client of issues which are likely to arise; (2) helping the client to understand which issues are more important and which are less important; and (3) drafting language to address those issues. Yes, persuasion comes into it sometimes, but it's usually not primary.
Filing a lawsuit for unpaid wages can be seen as persuasion in a general sense. If Baughn wants to claim that in a strict sense, litigation is about getting other people to do stuff, then I would agree.
Thank you.