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You Are Not a Lawyer

Submitted by AceJohnny on February 17, 2009 - 11:57am.

Re:Wow! Who ever would have guessed that!?
by fm6 (162816)

I basically agree with you, but I think your description of the problem is oversimplified and misleading. People are not monolithically "smart" or "stupid". Everybody's smart and stupid about different things. Like those wizards in the Harry Potter books that can master complicated magic spells, but can't mail a letter. What turns smart people into assholes is when they assume their smartness in one field automatically transfers to another.

I think computer techies are particularly bad this way because they tend to be self-taught. Often the most effective strategy for learning a technology is to just sit down and fiddle with it. Or they read a book that was probably written by another self-taught techie that often gets details wrong (how many of you can correctly define "ASCII"?) but gets enough essentials right to get the job done.

What techies don't get is that this style of learning just doesn't work with the law. Even if you understand a legal principle (and when techies try to understand something as abstract as a legal principle they often get it wrong) you don't have a practical understanding of its proper application in every context. Lawyers spend years studying and arguing about this stuff, and even so they have to specialize in order to develop any real expertise.

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reality check

Submitted by AceJohnny on February 17, 2009 - 12:00pm.

I think this is a nice reality check to bring back a little modesty among /.ers (but then, you don't get modded up for saying "I'm not sure"). I found the discussion thread on that article to be pretty arrogant, and I read at +4!

I also think it's an excellent explanation of the fundamental difference between law and tech: you can't tinker with law.

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Yup

Submitted by veridicus on February 17, 2009 - 2:18pm.

Agreed

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