Beyond Legal Reasoning: a Critique of Pure Lawyering by Lipshaw Jeffrey M

Author:Lipshaw, Jeffrey M.
Language: eng
Format: epub
ISBN: 9781315410791
Publisher: Taylor & Francis (CAM)

Games and models in law

Here are some examples of games and models as they appear in the law.

Litigation

The most obvious example of game-like structure in law is the process of litigation itself. Whether it is criminal, civil, or administrative, the process has players, teams, procedural rules, referees, penalties, winners, and losers. There are strategies and tactics. There is an order of play. There is dramatic tension as the judge asks the jury foreperson, “How do you find on the sole count of the indictment, murder in the second degree?” The analogies to other games come so easily as to be silly. In tennis, for example, the server begins play by tossing a ball into the air and, before it hits the ground, striking it with the racket so that the ball travels in the air across the net and bounces in the service court. In civil litigation, the plaintiff starts the game by filing a complaint that comports with the local court rules and satisfies the substantive pleading requirements of the Federal Rules of Civil Procedure. I could go on, but the point is so obviously true. Not surprisingly, trials are a common plot device in entertainment, precisely because they are so much like games.

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