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    About the seem over lawyers and engineers

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    About the seem over lawyers and engineers

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    107 views25 pages

    Law As Engineering - Howarth

    Uploaded by

    Juan Diego
    About the seem over lawyers and engineers

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 25
    Law as Engineering Thinking About What Lawyers Do David Howarth University of Cambridge, UK Edward Elgar (Chlteabam, UK + Northampton, MA, USA 0 Lovasengceing Isnot ttl to latevene, and rat sates: That se very gare set ‘of funetions. How can it be hat single profesion i inerestd in them {ATs there anything that binds them opti! esto tt question which 3. Law as engineering Wat is he servce that lners ofr their cent? Lawyers themsehes {eo thik in ferme of ‘adios. lent want fo achieve someting resrucve a debt, et u company, ecuiie ast buy a house, provide For iltives afer they ci, or bringin 3 ne’ government pale} ~ and lawyers adviee them about how 10 do i But “avis” docs not ful apeare what Ines offer. Clients do noi write contacts of Hass ot tutes onthe advice of layers. Lawyers write them. Idee, contacts, tens and statutes are often difcl for cleats to understand witht ‘erence. Their importance, for lens in what they accompli, not in tha inner workings. Lawyer? adie comes inthe form of fermi tents about what posible or not posable to shieve (or possible ot ‘ot pole to achive cay) about te rake tached To the varios outer of ation Iyer ca fiat, aot about how that Fitton works "A beter way of chractersng the situation is that lwyers make things for ther sient Clusts want things that help them to aciene ‘hr end, and ere lterested in thet ees and isk, Bat hey are n0t ovtiulary ltereste fo the deal of how they work Chest Com ‘aake to governments, want to change thi reumstances and wax 1 putin ple arrangement hat bring bout those chang, ut spe- ly How those arrangements work ft lawyers Lawyers maintain & ‘oc of anda tecbigue a prcedats ht bp them ache eas that lent repeatedly want, ba they alo on osaslon éeelop new eh niques one corabaations of tchaiqes, to mest new reqements oF ‘bow drcumstances Even sandalooing jobs ae potentially diferent From the norm and providing * good service offen involves choosing ‘ing techniques very erty (0 it the prec requirements ofthe ‘lent. “The jo lwyer do, from corocate finance to legislative drafting, of making things for cnt arguably he most important andit spotty the mor frequen job they ave. But i a job that sporty understood foutie the World of lav firms and goremeat. tif from the futile ene tos ear a Sng type of activity. A information ech ‘ny radial changes economic relaiontis and drat lawyers come 2 Lowa means to eve very erent cents, some people ask whether thee any sense Inch lavyerare sll members of the sme profescon There i owes, a way of explaining what lawyers fer that both raspy and unifies much of wht they do. est see se jo a terme of ‘timc more easly grasped typeof Jo, ajo that also iavave making things for cents That jobs ht of che engine ENGINEERS Jstas hee ee many kinds of avy there are many kindof engineer In hnstorcal tems, tismore than arguable that moderaenceing began in ‘he military? but by the end ofthe 6th esas il engietig, wich {ost not itary eginewin. wa developing sea profeson Ate 9th eaturyprogeseé, el eogaerag Ture specaised and formalise spinning of Grst mechani engineers and naval engineers (urosty known as ‘asa architects to distinguish those who ds shige fom those who carryout ober engineering teks aes) ander ing, oe tec and chemzalengineors Speciation continued thoughout he oe lowing century andcontines to this day. Many dozes of specialisms hae dewoped with thro profesional bodes tnd joraal Sone spl ismsae based oa te typeof abject produced. Examples ince ulin Iwidges roads or power tation, matufacturng chee main nus tia machinery, aerafl, communications systems or mes extent, ving nw scon chips and developing ano-machines that work st ‘molec vel. Other specialisms are bpd on the ype of elles the eo sees are coneeod with, for example fy sey, ellen, ore ‘sini, Other sil are bed on partulr stages of eninering, suck asdesgn or material of on pata work methods for example coat ‘soeeing or concurrent eaginsrng (oganising many types of Work 1 Eg LW Aru La of Koovldg i Dango Tig: Wilts Lag Peston Sie Ae Reale Ergon? (98) 16 Daou Lew ‘etal 295-09, Hott Keune "Te Preeione Ae Dee, ag Le ee tre Lo cine Pe sti oa (9) Li ay 1 op Protonation Fre Robe aE F°Be Min! Dav Tang Lie ot gn Sei the ii of Prfesioy (Oxr: Ours UP, 198) 31 Avtar pot of vi tea he ‘ig of cegerng aren wae and mevenge thnks veal Sest he ‘ete nt des mse Res (abut Boman pis ‘undo a Law arenes 2 paral). These dient types of lessification can costa to produce {lspci soc asthe design of nucear power station safety sje the sustiablty of the materials used to make ara Ocasonally| ‘ota breaks on boot whether s new shoo penn “nana” or someting ce (or example tere was for x time a fre bate bout the status of wolvareengnerng) and engineer especialy in Briain, hv often ben concerned abou th us of te ter footer ype of ob, ‘pec nom graduate tech wades* ‘Al engin, however, hee in common a commitment to one ental city making wsefl things The Istttion of Cv Engineers Roya Chars refers, aber grandly to eopineeting as the at of sing the feet sours of poner in Nature forthe us and coenence of ma 3 Pree uslyatrbuted to Thomas Teegold an early wre of enna Ing textbooks The philosopher Michsel Dai ar log observation of| finer, olfeed a ralar moe straightforward ssemest tat engine ing i the pracsl sd of how fo make people aod things works ter together In other words, eninsing is about the ection of arent that get jobs done. “he ceil pont of these ways of characterising enginerng i hat, engineer are commited no jut understanding the wood to chang Ing it This the entree of engineering that iting it fom ‘ence. Fr sient understanding nature important whether or tit Sands to ‘drcing [is] reat souross of power For engineers understand ‘ng is ¢ means fo an end, the end of making wef things Aotber wy of expressing the diference between engineering and seo is that ea ‘zering ees new objects that are would not have produced by sel Engineering is inherenty concerned wih the sil, ihe ral eos of msking things hy kl bul ln nthe extende sess of ‘unatural”* AS 1 ang eoginsrngteitbok says ‘Scientist try fo understand nator, engines try to mate things that do aoe in nature” “The dftrence between enginceting and seen operates not just inthe stsact bat in ow engineers and cet thnk about themssres Duis. 2 Sexes. Dav (998 cape 3 4 Sec'ep fidue Marl” Lyone MeClyaoot and Lacy Jy Pie Anu Pps of Ege angie (Loton Raj eke ot Bognerns 207, Be i a 4 Se arr Sc, Seine of he Ait! (Camb, MA: MAT Pre, soit 7 OE Fane sod P Toa, Cate! ant Compute! Sal Mecanee (owner: Wo Seine 35) a # ow eengariog carried ou src of informal surveys of mixed groups of slits and neers who were working ogee inthe asian, srt fon the sme projets He aed them sbeter they would raber invent ‘omething weal or discover new knowlege Scents overbelmingly prefered discovering new knowledge Eagincrs evn more ote ingly pefred inventing something useflé Engines ure since Bt ‘sngocus re not scents, More important, sens are not engines. Engines ae aot even applied” eit in the seve of thote who sme take advances ia theoreti! knowlege and ppl hes to pete ‘problems Engine dosppy'soence some of the ine, or example wg the ress of seieaifcinesigauons nto the properties of mater whe considsing which materia to se nd sone dance can prompt ngnering advance for example che discovery of new mater ight romp engiacer oid aus fr, The elatonsip betwen ensinetin [ndsceace however eno simple For ooe thing sac engineers art stein making objets tht work, often a sable approach for them not to seach out ow materials and proses bt to lok fr aw ay ff wig old ones For anothes ti make oboe thatthe tle ‘ovement is always om sence to engnering, The contrary movenet IS ao importat.Eogincers equ find that they have react te limits of scenic knowldge about what they are working with That might happen in at least two ways Fist, egies deal with complex inaction between diferent process, whetes sonst understand those prceses lly wil often hve vail ioatd the. For eng ewig purposes, itis inportat not jt to understand how proceed ‘ates bebavein an abstact or experimental word but how they bare inthe manifold compleiy ofthe vel word Savon, enters can Feah the lnits of scence forthe more fundamental reason that sents have Simply not studied or have at suede in understanding the process for mera the engineer woud keto we. The eats of engines 10 Know more about aperture ora pele question ean in hs may often et since egeada, For exampi ina sae study, Wale Vince emonsrated tha vances in the engioeeing of aca wings receded Scintiie understanding of how aioe work and engin questions out them prompted subsequet senie progres? Herbert Simris Base son at 56 2 Miter Vincent Wt de Ergin Rao end haw a hey Kaw (@atenore Sans Hopans Ps 195) caper’ Oe might go efter a nt tha th methods eno pce of es vo mak ese Erato ook tow i the of eopeer ning aru enon ts ‘hot np ty the chose pote dace method, ad at as ‘concuson was puhaps even more sad that t iin the sto designing useful things tat we come to understand the word ‘But more than ht, any eainets clan tha engineering not meray pling scence because it generates its own forms of knowles, kno las about ‘how to make people apd things work beter coger a ‘atc they eam that generates knowledge abou enginering ile ‘Thy ia, with Visco, that ensnering noedpe eno st ‘now ow, ase uaspoken practi, but kaowlege tht ante ated cle, tested and tranamited. Herbert Sion came tothe same conchson, nd ‘need insisted that knowledge abou he proves of dain unis» rye numberof dips starting wth enpnceriag bu guns beyond it te ‘nclae humn Bebvicr in Fels chs town planing” Simon st ‘hat what unified these fis was that they were concerned wi buman tings ceting tometing ew, and that one could enggs in oxpanied ‘dy of how tht creation happened, and of how rated cbets anes ‘Since ofthe arc. Tha cleace would, une the science of ature, sutomascalyincorporaie human purposes ad ortbousht™ Fora tine controversy surounded wheber the proces of creing ne ef objects or ‘desi in its most general an least shat one, ‘old be tught to engineers. Herbert Spon desribed how as aademi fpisers redline themes a ful part of the univers rather ha ‘ssrustors at ade schools design almost fl ot of te curclum a pasting degre curse.” Dasa was to olen thovght of ite ecu so, native informal and cockboky rather tho, sapped proper fr a'el university dcpin “itlectsly tough, alt, fer mlz, and teachable." Even the pioncrs af is e-tabhment in the university cucu, sac asthe Cambyidge eagzeer Gordon les, Sometimes sounded retvet abou their own eft At ist sah the ek (of any sles or picks being supenmpostd onthe creative mid eens ‘mot itl to hinder than ober Oleg wrote in 199, before, howeve, onouing, “bt tsi ely quite unirseinpractoe Dsitine think ing focuses inspiration rather than Makers Largely tha to ites seh a Simon, Vince and Glew, the sjtematic ty of resto, the sence applet eagiesog ater than the oer wy sound. Se Saba Teagan Cnty (Ont Oxind UP 198) “Gon Sa et cori 2 Simon (930) 13 3 Son (196) a Sloe (90) 12 ° Gensen Ge. The Dern of Dein (Cambie: Came UP, 18 | 6 Lowe engering ‘uly of engineering dian ow forms x entra part of both eneinerig ‘etching and engacrag esearch, forming snk between engine all ‘pesilins, ‘TECHNICAL OBJECTS ‘The eat sion of abourbewean engineers another people wh are concerned wih te creation of objets suchas ass abd actus sot ‘ays ler One vei that eaginers are concerned wih al spel of ‘objects exept the aesthetic Some eaginers would aim, however, hat ‘hey ara conoermed withthe sett and tha the diference sony Inthe pionty thy give t compared to the other functions ofthe object ‘Anothes eated, view is tht engineers fer rom arcitetsin thei aten- ‘Sono mahemtics and sees concer withthe asters of a bjt aad thi orsnisitiona bien” “A more gc way of ansveing the question of what engacrs do ss opposed to othe creators af objets i that engacers make tecnica” ‘objects, pysia objects that fu ecbical functions” By “technica engines origin fended to mea tat the objet changed the pysieal ‘orld ether by converting energy rom one ors ownoter (machines) or ater from one sate to another apparatus). But egies extended Thar sone of activity to inte the proses of information snd nw ‘pclae witia“echne anjthing ora ss ny pyal procs) hat ‘hangs the fruationl sate ofthe wold (that devices), ‘THE PROCESS OF ENGINEERING DESIGN Ensiners normaly now describe the design proces they often desribe such eli in trms of systems Systems anal can be used for many ‘Purposes bts anchoriaginengincerng. abe ak of changing the ate Of the world and not just understanding i batt, is important Systems "cr Gun Ptr Kons Thon Po Maar Fran nd Wo an hl Te os gear ened oe Garard tah, Weegee, lore Felasen and_ Kaen ‘roe (an Nalice tod Late Bing, tana). Engrg De ‘Shtontte spree eos (nda Stage 207} 3, eso ta oT) const of inputs, outputs and a proces that connects the two. They ‘connect to other ssems by providing an put for thoe tbe systems fr by king ther output san input One can conceive of stems a8 etwork of loputs and outputs of as Aira in which each system | [provides input or higher les of the over ye euperysen) sed Ismade up of eomponeats that provide ie with inputs (subsjtems). The boundaries belweon stems or between sates and thi supersytts ‘nd subsystems ae ocean analyte matter than apse one since they can en be dean i ciflteat places for diferent psrpons, ut agers tad to choose as boundaries the pace at which the lows of Inputs and ontpte ae a heir minim, Usetlabjets are themes systems Duley alo form parts of bigu: ystems some of which they are intended to change. They can also be broken dowa into aubsstems, eck ith ther own inputs process apd outputs: Designing useful object ques understanding at each of there levee and of fhe Feltionsips ‘ete the, “The proces of design can be desorbed in general terms asthe peci- cation of measurable goals objentves and constants forte desig the oncepunizntion and parumetization of alernatie candidate designs that testo surpass specications; the anhsis and ranking of dein Sleratver and nll the slton, implementation a tengo the ‘most pelea lternatve™ Although there m0 sive theory of ow the process best Works and thre ae competing views about ech Ste, eogloers cli chat enough is ksown about wat orks abd wt ots bot work thatthe proces isl ean be resarbed apd taht Specitetion ‘The proces uf starts with ariGeaton of whit ference he eventual sutefact is rguzed to produce. The design nes to salve a problem the Ghent acral bas, not some other problem. Extended interaction with the cleats tsuly necessary toe clearly defined and measurable biel Enencers are taught that cleats very rary have precise Yew of wha they want and indeed might hae slfconteadctor vews, aay From which they wil often need to be Gave.” Eig lo the cats sljeces partially important, since hidden ages make sce | 23 Pak ea (07 2828. Sean eg La Sees Gel Sons Tey ise and pian (Sage: Word Sao 0H) 5 Raven Soe and lam Rows Mout of Srne Engerig ond Maza (Loo: oh We 21S, Pat a5 ‘SSppeané Roe 01m 90.10. Ct Pasta 207} fare kindof reputation lotr. Its also important, whee the cent has multiple goal, to ect the reatinships between thove goals ~ thie earl arangunent or he sexta trade-offs between them The constraints within which the projet has 10 wor love co be slaied and listed as exhaustively a8 posible Many of the cousins fora project wil bo appear as gods or objectives ~ fr example cost nrint wil appear ae obectivs sou aximum cosy timer con ‘taint wil appears objectines abou ining end soon But there ae 0 fousraints the ent might pot hive in mind. One suck consi ithe {sue of phil fen. The einer knows to check, where the ent ‘ight at, athe intended eet impoabl either brass cud. {ould volute Known physcal laws or beaut, alhough st plysiealy Impose it equises some othr problem to have Bee solved that bas not yet bee sled. In Glege’s phase, the former relates to whether tbe rope igi impossible, the later to wheter ii elavely posible’ Another portant coosait tht might not appear inte lense of objectives fey. Regulatory safety standards for example, “Another st of constraints (or objectives) that might be incorporated sigh from the art consera fhe manufacture of the objet once fis “signed The uadionl approach to dsgn assumed that design and ‘manufaciure were diferent problems, and tha afte it bad been evs {he designed objet cout ost be trewa over the wall to manufacturers ‘Buc that approach led fo obvious protiems both in terms of fesblty and eos of manufacturing theo. solution is to buildin constraints 8nd objectives about manufactring right rom testa otal he whole rocet of etgn it integrated ands ee prone to fae nd ving Sart agin, Inded the same appecac caa be exended to bull in ober fourserof later potential dificlty such as marking and consumer ‘experienc all of wich can be tecled concurrently with Gesgn and man facturing problems The eof these concurent methods often rogies the eeaion of multisipinary tems, with eagieers working With xprisinoter lds Supe and Route GOI) at SILL Egrening thee. wieonsine quasi cn be compl So og Nain Ned and Uusn De Macedo Bice eat ati yen ome nese NY Ghee a5. 2 Sepebe Roe (01150327, Lev arene 2 Analysis of the Probe. For problems of any complesiy,engisets wil often attempt to br «down the problemas presettd bythe cleat end supplemented bythe. nee inloscompresensive st of sub- problems One aod is to ook for 2 et of subprolems that cover he whol ofthe man problem but whieh ‘eas far as posible indepecent of one enoher, a procearesometines| fale the method of factorsation.® Other methods ar lest conceaed ‘ith competeaive coverage bu sess the entiation of howe sb problems most relevant to adig solutions. For example the method of| "ockward steps stars withthe gal apd wacs backwards he step tht ould ad tt posere whi shoul penerate ato subproblens that have tobe soled before one can arrive tthe god, Or ae could start wih an inl ora previous suggested solution and move forward ‘ova the goal ad the wollen fly the method of frward sep” ‘A itportnt aspect ofthe way hat nny engineers ink owt prob- lem that they attempt fo bttact say Kem them bor eri 0 ‘onze solutions Thy do this mainly to ake sue tht they are not looking forthe solution inthe wrong pss, bt there is also anes that sbsraction help by sntractng the engines fara posible om acs: {ing on specie oon, 30 opening up the range of soltons eeaualy ‘onsdeed (solution nara ait i rometime called) In patclat they lok tthe pram orton, in terms of the eet he revant| ‘sjtems and subaytns bane on tte of every, material or infor oo, so ha they can ak what the dese elfen more ata d systematic terme > For example, i uli enginewring the solution to 0 ‘cident problem might nt ein the aout of the rod nthe immediate ‘esi of he acento nthe mix of trai entering he ae othe Coniguation of the pubic tranaport network that gets hat is 1 eagisers conenesed only on what ets fret iterveatone at ‘he abcde site might have ab opposed fo looking at wba the trnsport system dos more geeraly, they might mis the point that a beter sls- {on forthe ecient problem might be some form of trae repulsion or ‘management or te extension ofa public uansport network. OF courte, nals of this type might reveal thatthe Bete solutions ext a levels fof the stm sar above tata whic the eniner i ask o erent Pal etal Com ac, 5 Seu eal G0) a 58 for thsean ote method. Pletal ae Slee 007 31 tapes a Law avenge nd at Which neither the engine nor the cnt hag the meant to at ‘eeiely. For example, i might be more lle to ban eva pet of vehicle completely (for example fourby fours wih bulls) tao engage n ay Kind of tac management, but the ellen might hoe 0 ‘ay of bringing abou sich a Ba, In soc cases, questions arise bout te Tims of engineering Are thes isses for engines a all Ts thee evel a sociotchnialsem above which engineers have no relevant exper tse Bur ete if thee suck li, eneinor are sil inereted in ow the whole system Works and need o understand ifthe interventions at oer lets are tobe fete Generation of Options “The process hen moves on to looking for options or solutions Eaginers ‘emphasise ti usually a mistake to move to detailed design of the frst pauible solution tha coment and. Toei an portant nial sep of generating a8 many pause ideas a8 posse, which can then be ort and aseted” Ifthe characteris of the problems and sb problems have been exhaustively speed, it should be posible to draw pa gener clasicaton ofthe chokes tobe made, wih in tua can be ‘ed fo uenerate a comprehensive st of possible solutions that recombine thedrent choles Forexsmpl there might beast of choices about te ‘onlguaion af the objet ands st of cholo abou the mei that ‘ght be used Each configuration combined with each mater coat {utes an option, Tis he method of sytemate aration olen weated sanded procedure inte teatre» bt at alvays posse Indeed itis posit fll systemisatin sf mph ot be opal because might nerf withthe cretion ordeals new departres Other methods for senting poriblerolstionsincade ais of exiting solutions and systematically varying ther elements, analy of Sslopous natural systems, and more ituive methods such as bal Srming ané Delphi methods” Indeed, dilrent sateen might suit sifereat circumstances Wie te goal sto do someting hat has aad bees dove, but to doi beter, the sttegy might more tural iol Staring withexsingsoltions, breaking hem down into ther sub-systems 2% Bg Sage nd Roun 211) a 13-14 Pal et ak a 78 2B fuel (0 btn rettaemel tenting oma aon sg tbe il ets, Mote, A Reve ofthe Pandata of Syemae Eee Bp bn a rind Cems Dub, SI Sage an Rose DI) a 15-14 Pale a) ae sod then loking for variations om thot sub-ytems «method that fits ‘th forward tepsmethod of analysing the problem, Whee te gal istodo Something new itis more natural to start withthe goal nd tink sou the ondtons for bringing it abou, more in ie with he retod of backtcd “Another vase in how engineers dea with complex problems hat have ‘een divided up ito subpeosems ithe orderin which the sb-problems aesoled Inthe presenta! approach, te sub-problersae soled {pra so that sues of company baten the eobslstions can ‘be tacked asthe designers go cong. Inthe problenvoriete approach, {he sub protien ae solid in sere following single guiding pipe ‘elution ath compatibity ise ake by austin ste serie fompeted: Research on design process rugs tha inesperened “signers (designees natperenced in he ind of problem) tend towards the process vslant, wheres experianced designers tad tomarde te problem variant Bu the wead towards incorporating more objectives tnd constants rom the stat to be eslied eonsreatly sem 0 p37 {pra approach ‘Although eines ae usualy encouraged to septate fr as pone the rons of senting problems and the procs eating scutns, in practic the wo process ntrat. The proces of enetingelutons ten sugsts ao ways af taking about the probe In pron an lead to further thinking abou the fuetion toe served 0 about the nature of the whole stem, especialy a evel above that of the problem as rial describ. The result cas be & kind of co-evolution teten protam and solution, n which he stoping pot comers rather thn s oton to the problem as originally stated Prblensca fring however, where the depres of drift roe om fo be unacceptable to the alent and o obvious proces of convermoce soos avaable Thcot problems can suffer fom ted Kind of snposbity, the impos of Framing the probe so that i has satisfctry soltin Noe ta egies ae fen rite in ice oot not sus Sin (1909) 1 SP lear nats 8 Sages owe lat 23 Sieg Mary Lae Maer and Joa Poon, Mossing Dien Explosion tg Corastion (108) 110) Meaeoapuury in Chil Epi 9-20, ‘Ee Dat and Nal Crate te Design Prete Cowl ot iti Sat 001) 24) Den Send 208, ‘yf proms eran combed wih oer sone ach wnt tigate toe potter we bow and ine bye ts a ‘Sputens te ehenclsd nied pros, tough te pet et Assessment f Options ‘Onc solutions have boas identified i prin as option tht combine eran intiona characteristics, they need (ob irmed up into cones ‘hat can be asses This is asep which sow invariably oles cox Serale ee’ Solutions nee eventual to be specied in form that canbe made and inserted as a sub-system inthe tem in Which the Asie fects are tended. That means romethng lie a desrption of ‘et of parts ad instructions fr puting them topter™ “The net stage isthe assessment of options, which iovoves asking whether the Slutions meat, or exceed the sada se atthe gal and bese seting stage Sins the development of computesussted dasa ‘ystems, which lo rapié e-calculaton of hw aa option would perfor, ‘ch option wil go through an iertve proces of adjurtment end e- Isertement That pros can be cncrved as one of optimisation, hich so sy aimed a making tbe option as good sit poss can be {eros the various constraints of bjesties, ofa oe of sisting, wich fo sy improving cack option wnt st 'ep0d enh in tem the Specie objeives, goals ad constant arto the proces of asssing dees consis of entlying obstacles that stand in the way of the deine’ bingng about the deed tates of Mais or their sks of bringing about undesed states IF there are 20 Dbsacles inthe way of» soon and no r,t engines cam nove ‘toate Se Hot Rie a Mis Wier Dies ina Genel Theary Pans (1900) # Pay Sener 15-49, ch ha ener roe enn tar ena pines Much of te entre seus ery fo ep ‘teense! shel eager apes enon aly (o expen weet {hey enone putes Tae aioe of densa eatomtr snd ‘ooreuen’ nee or descent o allow contr gp {at may eters a pal to pane) by supe A beter sb ot ‘Sy mit eos yh npyens tod bow redone pet ‘lg etnae oo hat hey te note by ie Seas ‘pale Goya 10. 2 Sereodhwe lu sis etal aaa 0 {© Bebe te eropea of CAD sperm, te cat sein uli pon many tes vt would hve bet tapriant oenesno, Se ‘Shee (996) 41 Sap Marin Manin, Hemi! Scare’ od 1 sg ant Pang Pres (Camas Pre th at [guises aointpree gaa at ete ice el farsa “Sean Rowe ll) a sis Simon, nha rated th camig weg ng oder ara mato Sr Sino (93) at 302 °S ateprat orp be sna ora Sadr parte Rm Law ar engmerng 6 inumedieyto breaking down the option na st of tasks tobe perform {0 brag the option ino being. But whee obstaes sod rks vemain, signers ook for was of dealing with hem, “Thos obstaces snd sk ole lfm or ae exacsbated by wnt taint about how the various stems and sub-systems wl eve i ferent conditions OF particular importance ers the dsinetion stems fnpacrs make beteon ‘closed Sats aad “ope systems In closed ‘stm, nding apart fom especie input sake to eros he bound 27 io the system end nothing apart fom aspeced output is aka 6 {ros the boundary out of it In open systems, bower, the Boundary beeween these andthe tens envionment i crosed by more has jst the seed ints and outputs Open systems are the constants Interacting with thor envionment. The nroducton of opens t the ‘soli rags in both am exten diension af rea but ao ao ext Inj uncertainty Closed systems re, however area the aaa word ‘id engineers ae sometimes warned that if thei analy depends on the reser of lose system they shoul re-xamine ther ssumptions** Dust as boundaris between stems ae dict to da the boundary between eset and environment not vay len andi more &| alter of etal choce than something fro by ret) Engineers ten opt for pacing ule the sat saying they eannot conta) ‘More trodly the onction the stem thought ofa servo ote lays cise role ‘There ace ober important sources of une One such sure is ‘compli in the sease that usyte cotins a high number of cements tnd theres high aumber of posse interacons between those denen, to the extent thatthe system becomes ifel to descbe®* Treating a Sane eee i a a rs Sri iareea nee eae te en y wot ae ia Aarne OS ae epee aoa REA, rh ty ley re eno Tp Mette beeen ar eg rece ete gee ar oo ne a as “ects es SE ET lm in ee 009 ae SER a cm es. oa “ Law x ngieing ‘em a8 open wl len iu ntodacecompesty. In addton, co ety can obscure the relatonhis between diferent eve ofthe eta, 4nd can give re 1o te problem of “emergenoe, 2 sivaton in which 4 spstem appeiss not to Be explicable aan terme ofthe ets of He Subsystems and seems explicable only by events ais own ee a lasie ‘eampleie the ies that consciousness an emergent propry because isnot exten term of brain chemistry) Uncertainty eas alo aise from chtotc ects, namely where the long-term bebaviout af the syste, ‘is very sensitive toi nia onions that even though the post that tales one fom the nil conto tothe end reat ecapable of ‘eng modeled wih exactiud, inability to ober thon eonditons rely enough makes accurate pedo af future tates ofthe stem ‘ery dif A third source of uncertaity, especialy ampertant i te system ineludes computing are dcreteass elles, which ave becuse, alte isthe pips world where small change i ip ar sul ao ‘Sed wih small hanges io output, in the world of computing a change ofa single toa" can have ey lange ers! ‘ny when the options have been saben should the canddates be collected an systematically compared sod ranked. The hema for eta Tshing the ranking order should rte back tothe gol objectives snd constants Inco-eautonproceses there might hae beta some imped ft gols and objertves, and one task of the designer i to check ‘whether ted is aeceptable Occasionally itmight be possible oidentty 2S dsgn tha bat inl epoca the ang hast Be ‘eet as problem af making «dession with mutple objestives under ceri 1s tk Cine Roos Engg Sr Cay MA MIF Po 1 Sa (06) at SE Wal cua onc wha hs besa en wat’ erence ne Matt Bas, “We Exetgeoe ((97) Pasosgee especies 35 5, and ‘Dowomard Cuan aod ie Aone Weak Er) Pc 3 ah er ‘erin th catent te of knowedg or soe adel ve to dered Bo Sarees ape te hee snow eg eee ‘yen eof sec towariea PHBE Sf an 3 Wa ano a 2 Sogeand Rowse i) ass Law sng 6 Prototype Testing “The next step i otra he bihet ranking option, orf cost allows, the isha ranking options isto peotolyper for teing The procest of tering, wheter under Iborsory conditions or inthe fl can ea firtbet edjusiments and improvements (albee ones that are expensive to corporate). In the worst ese, testing sight reve fatal errs ia ‘the design, which wil send the process one or more steps back towards ‘he begining. Inthe best case testing confirms the previous cael ‘ions and allows the engines to move with confidence to instalation ot ranulactre Sonetines however, it i ot eal or Financial jtifable ots 2 rotate: For example if the peojet large sae expensive snd one-o, ‘tng might be ogulnt in eos and diel to carrying ou the whole ‘ject In tht case, the only option iso monitor carefully the proass of abiation, adjusting pose as ew information becomes alae (GENERAL PRINCIPLES OF SUCCESSFUL DESIGN ‘The have ben great ume ettmps to plliogeher earl leiont ‘hat might be da rom te experiences of dsigoas both sucessful and tnsuessfl hough no universally greed st of principles for succesful sign canbe ad yet to hare merged Thera however some obvious pits, suchas hat the cent requirements ned tobe dined pres, refer in quantitate erm,» and hat he chances of ess (00h To cot) intense if one basin store than coc way of reaching te sed outcome, at the system includes elements of redundancy ‘But some more spose pipes be developed witha particular ype ‘of enpneting tht turnout to Be good cane for wider aplctio, For example, the integration of manufacturabity inte the process of sign has yielded a numberof generally agreed eines fo tat Kind fof procens sacha thai beler to minimise the numberof pa, ‘eign in toduls that can be ue for diflent purposes end that an fit ith oer conponens wing sandard interfaces, and to submodule 2 Sago Roe 01 517 Stal Rous Golds Ser wry, Rcd Bochoan,"Tikig show Deen: An itor Penge in Auto Maer ed), Phiopty of Techs and gna Sipe Gut ees Sto "eClae(985 a1, bate Son (196 15-6 by standards components and developing prt tha abe urd ini ferent ways HUMANS IN ENGINEERING SYSTEMS Enginsrng is conventional thought of as coneroed with chins rather tha people, but the exenion of copineenng fom the conversion of encgy and states of mater into concen sith information hae produced 2 profound cage Although engineering rated is analyse of inorms tio withthe trent of information fom one cna objet to soother (ignls), soon bcame clea that many caste the eet sport Systm providing input and recsving output was a human being. who inva might receive input message’ perhaps rater thn signal) From other human beings Te whole stm was 0% js ese, ut socitechascalTo design devices within soitechniea! tems engineers hve found themselves taeling beyond the phil sacs and bei sing to cousder the organised study of human beaviow, originally ‘aly hough pylogy and come pyehoogy bu a nceainely through economics sociology and athropaloay.™ ‘Moreover in engineer stds ofthe design proces the sytem under study itl s mainly human. I consists of people, und organisations of peopl sting and resolving problems Admitedy the we of computers {p dain bas reoltionned there and speed of te acuations ene ters can make lowing lane number of detailed simlations to be an Epertsatams ca dopa out the posit of many emer and can een snake suggestions for design inprovements But the device tht desdet ‘whee probe has Ben save, ort lest thatthe search for a beter Sag and Rose (1) a 57. The are spa ta het preps sco 1 te sno of dig popeed by Sib eal Yo tala oe ‘Btoensencof neo regurtoterand mss hea conten ot Sedan Sve Suh asf, Prins De (nba Ores UR, 90. 2 Sey Gt Sey), Hom of Hen Fars Egg an Eons eon och, NE oka Wn TOD) STS Fess ‘hn ton gee ee Vermnset 301) Menton might sho be mass fh ah of se yo ton tno ‘jing dpe of ucors For a cet work ht Gols the adion a Ral Exthud fas, Gorm’ Sjonic Peo and Panwa econ Spenir Pg Vera 00 as engring o solution should stop, ves withthe ad ofthe moet poner computers i ‘nately hua being ‘Above ll engines recogni, ined calebrae the fact that what they doiecreativ, and therefore an added extent unpedable ut that des ‘not preside thei gutering information and formulating theories about fhe conditions tht mht four or inhibit rent. They thin abot, foresampl the adel teen lowing tne free neate and the sk that loving tne for eas to devel also menos intereoptions sd diversions tht canbe darpave®™ They ae interred in ehniques for enhancing cretvty,such ae altealing betwees concentration tnd ‘sluation Thee also a debate about wether computer-aided design Innis or enoourapes creativity Even reat, they ti, oF a eas ‘hey ope ca to some extent be enpione. LAWYERS AS ENGINEERS. sould now be spparet tht uassactional and lpiaive lawyer hae 4 gout delim common wth engineers pevbaps nota the way the rae Sion of eginesring and lw are organised or in ther history, or even in the seimage bat intel basi tasks. Like engineers transactional end leis lawyers want to make something uel tht works forth Shen They are prosente wih poems to ove an undesire current Hate of als and a dened fture ate of ara, with obstacey end fk Ing between the two, Lawyer’ work consis opting ther eats fiom one to the ota. I there ate no cba geting there becomes ierelya mater of carrying ou seis of tasks, sch as aga the right forms. If thee are sbstacs, however, ners ae problems Yo sae ust sengiees do, ‘Unlitethe obets created by engineers, ner’ obets are embodied ot in mei or enero lst bul relationship Between people sd they ae desigaed in words aber tha in drawings Pe forces hey bm Bg Pleat 007 a5, 5 Se lg (9) at 18. Gg dees work on he cust ia whic lading nat ood ein en. T etl woe at ea ee od 15 fer pope whie te wei ee they wert. We xy Se tea en itn ot a i Gov pats ed mg ae der) "SE. Thoma Kepe ed Ate Rube, ‘Cray i Desi: Toe ein nti etl (i) 4 TEE oo « Laver engnerng axe not natural but human, and that ince, although it is by 0 means Fmd to, the eoerive power of the state™ But that isnot « ive jection to the comparion. Contracts, companies, comveranees, Wil teas, regulaiony, statutes and contains all eel abet desaned| tnd ated by lye are, a engacering terms deves objects whose ‘lcs ae io the ream of information rather thaa inthe vas of erty formate nthe whole theirinpul come om humans and ee output “rerectived by humans ands the information ows we message ther than signal, and we can concede thatthe knomfedge most tefl for sini the, knows about horns rater than phe o bem Ue might oo bas ott sha generated bythe ntl ences Bu tis -nowedge nevethless knowiadpe that engines theme nee tse in the design of their ove devices The intention of those who oe knowledge about human bebaviout 1 design devo is precel the same inthe two Fle tocene change in he word outside the device, tals els to understand lawyer aciies in the same Way a5 cg cers understand tr own acts in syeems terme The pl objeto be crested self system ~ and ean be aid int sub-nems - Bt if iis to bea solution to a problem inthe wor, the mot important face about tao fact about eet ia othr systems outside of ell Legal devies are designed to hae elles, and to understand how les require wadersanding systems beyond the device itll. In parties requis understanding the conditions under which peopl ollaw,o al to volo leat ret. Legal devices tha ignore those conditions ate aly to ek (© “Those fone dae wcpnaceof the aethoty of lew neg mo crams ta ond oer end of petal ete so-oant ‘Sec of soenton sod the sceriny monomer of sing Se west Seicrito epi ml oly ef ing ema ih Tape ra i lie To iy ap Oy ew 2nd eit Pitan, ND. Pieton UP, 26, nih epee ep werk {iat rings ote rae of etnacy aod ocd ao sd ot seo fe te fcr bag sou anu cea i ee {0 fer emi eo, nd elt Wisc, Bi Obese ‘Ter nd beth Hai fag lr Te Seite Stata yee Ting Pop Cron Chime (le Ox UP, 201), waa nat ot Soae propa Spy acon tir ate am ope ee ites "aon at ar may then moa consertone ate wba hy yer ton ercin oe open ibs ia ue const by soos wean sou Bow Ses wil ere Lega theorists sometimes ana way thatimplis habe oly ystems ‘hat matter beyond the dec are other legal objects. For exam, they omatmes lk at if he oly stem leg devie eer dosined tlc Fete sytem of lepl decison ~ the cout They take the Inger: bait fof asking "how would «cout iatrpet Us snd turn into prince ‘ofthe separateness ofthe ev sealing the of fom systems ouside [vt fom a clentspint of vw hes of tho sepation of thea fom [eis perpeting, The point of te devices to crete desiabe eet or prevent underble ees beyond inal, im how humans bebe wheter na commer deal or isde the polial stucue ori some regulated ‘eat of humat ves I re thatthe els might happen nde thatthe device eles on hunan fltons outside the a sight happen fotasa result ofthe device itself but the actions of aoe syste ‘hich the oourts would be an example of sptem that ues the device Ccsignd by the cents gers as an input. But evo then, the cen Inverse notin the internal workings of tht other system (hich might rel be a black-bor fom the cent point of ew but in tht ter ‘stiles both on others and onthe cent The elfets might also be ary indiet, va the interpretation of the egal device by oer lawyers, Irithoue tbe intervention of cours But t some pi the facts wl ec {he world sted te la and cents woud be vurpied und dsgppcinted iF the angers ha no interest in those ess [Nevers some lmgers do ateapt to conto the extent of their responsi in my that is the ob to changing the nel, They lempt to ave reiponsbity fr wheter the lav tel hn any ec {o tue cient kn sata ems ty acmp espoaiity al for one ‘stom level up nd aot beyoad. The clearest example of nly on lee Up'sthe OMe of Paramentary Couns Int account of ise or poxerament department tars {Me seat hinge reeber it Ble ther he Act thy tea, ‘Stes al on ngs cmc hey oe ‘The Office of Palamentary Counsel goes ot it the ways which the Iw can be changed, conceding, fOr example that i can change (ther condone ide casty ia communication and act demanding Seno Lin Fae, ie Ry of Ew iw Hc UP.) Tin of Ptametay Cousid, Merkin with Retanenary Camel (endow Cabinet Othe, 201) (iter OPC. (0110) a0 ene ‘SbimaeepocalatettlecrsounewWWOC. De 01 » Lowen enscog pales or revards but it pointedly alto dass whether bangs a Incentives wil have any elect on anyone’ behvious ad goss on to poi ‘ut that sms fer legistion such a hopes that it wl change social tte {des are contingent on other masters feuding he ext of aes or ‘he wins eeaeraly. ‘A similar ‘only one level up conception of the roe of Innere would ‘cern the tenactioal context i ayers thee ob a merch ing the legal rights, duiey powers and immunities of the partes 40d leaving other ets aay seseumentof wether the Ganges would fnerte patel forms of behavior. But ‘only ob eel up thinking ‘would be surpesing in that cote. Unlest cents ae vy experienced (other ners, for example, they expect hi Iyer o know about the ‘normal fests of what they draft and not jut in the exces ually scenario of court case but inpracicein he word If thetrlawyer expe Fleas that cera ype of contra aseis nvarably objected (ox even ignored) by certain types of counterparty, the cent mowlé expect thelawye toy so. More bony raneatons lanjers ate soll loking to secure desirable ees isthe worl, not justia te law Nathanson il lawyer, for example, was concered not fr fo produce the right Veal fev fo the lent, but abo the ph emotional eect ‘Even in the leptive. context, the atte of the Ofce of Parbamentary Counsel might refs en attempt to dinette dvsion of labour with the lye working dea for te departmental cents ‘an a geaeral view tht lwgers have no ated to think beyond the et level up The Office of Perlismentary Counsel sie that it annot be cxpert i poy matters beyond ts expert nana or ontency end ofreact, ut it everteess oars the depatinentl lye to Brit fon the factual and poi! background to fhe lepslaon, wc infra Fequies the departmental igen st et fo hae sight of osumenaton| inthe posession of ther departmeatal oil about how he cure le work in practice an what hoped fox, a pater, om the a Bat jus a there seems tobe iit to what counts as an engineering problem, lvyers wou probably ot sap responity forthe are ‘of pots that came about, as tey would es in wy unclted Yea wrk. They might concede for example tht the sist might reasonaty bol tiem esonsbe for a outbreak itpation, ut clin ht they ae "ot sponse forthe psi ale of product (or wish they sight Same an engine. Lepal devices have inkrent limitations hey might % OFC GHIA 367 Ty Law areas ” segue tess of which can nly be gta ba not eliminate, that ks beyond leg coawol are akoent fot legal mates Bat jot ats ‘ot easy to delicate preci what counts a ecical objet for the purpose of engineering itis ot eas top reise Limits thee’ aaincecng he concept ofthe tecnica expanded when engines ook ‘nehangingiformitonl sts nan o changing eery ows and Snes of mate There migh ol te an enti cer break ether neat ‘ering or las Bu st eas the eogaeeragazalony ves ayer wy of thinking cbou tbe question that they should iad ru, namely What ‘tpresly hat we underiae towansora™ "Thinking aout legal devies in syste ers also eps to understand the reltonsips between det and inet eles and the rks lawyers tae Geng with in designing devices The trot effets of the device Sr sieved through th sltapicton of rues, that rks of none {erormance arse at only om tatentional defiance ofthe rls but fom flue to understand them (stuation with parle for engineers a he fowrice between macincs abd human). One might speclte that the sore distant a s-applr is om the procs of dsign te more iyi [Sthat the seltapplie wil ot understand the rules the device ses. That ‘ould mss, forexample ta there willbe ower riko nur towne: Sand rues in contacts in the designing of which the partes ake pat, than in atts nthe desig of wich mont of targets are note tall Ashe Dring Guidance ofthe Office of Patamentary Cosel Point out to lepative defers ‘Your rede doe nt knw wha your messi you deli. Tis (zane hb poston as part lou comma ervey ‘On the sume principle, there might als be more isk of misunderstand jag contac by parts ofan orguniston aot involved in the proses of repoation tha in thos that were ved Inet elles via other interpretive or eafrcenent stems inte does pew risk of misunderstanding us Cours, becuse they are aot ‘volved deafing either ootacteor statues, arpa iky. That "longs he lative costs inslved, explains te prefrece of any 1 eset oh en Chapt it se of els 1 Otic af Ptamenay Count, Dri Gane (London: Cab cen}. ttprasnealice pv aetolMeseooaresOT Sa the Putamentary Coser piace 161211 p (oot Ge aoiioya n Ln arengiering commercial contri for dispute resolution mechanisms ose tthe dat itself, such s mediation, Indeed, standard spte resolution uses tad ‘o provide «pros tha moves oly slowly way fom ppl with ite ‘ate knowledge ofthe del, for ekample mofinton bast be exhtd tefore the dispute i xed co aritaon, and acbtaton starts with tech side appointing its own member of the tuna Asie pte cei goverment produces ging enforcement powers to administrative ‘geeies and dispute eolton rls toads uibuaal Tndect ella aso vse confit ‘with diet est since tae is 20 susranie thatthe ouput of thew ater systems wl be consent with Sapir’ eva iteration ofthe rolex Conventions lea soa tends to assume that ual interpretation of «atte wl astomatealy tring seteapoiatin ofthat statute at line with sell but simple tens ‘alysis immedaty brings tha assumption lato doubt, and shows My, for example leitive lawyers are right oes nici interpretation as "hat abe than a a opportunity frelon. “The possibilty of semindeet eles, where ei-sppction occre through intermediaie such as lwyers introduces urbe sto inputs tnd outputs If the aternedaris have been lowe othe proses of Sean ing the rules, one might expect them to bea sabang inven bu nt, "hey a8 anoter ayer of complet and potenti onic.” “The sue avayss rigs out the tradeoff lawyers fae in leglave ‘and contac dsfing Seoen tng language tht il be set 1 lawyers and langue tht wl be dear fo negotinors (or Iepators) aod seleappis As the Oo ofParameatary Csountels Drafing Gudance points out The Acme capa of ing td ty ra dy tay, but mat ‘oped he sgh ea tees cour Ad asta eet tas mn a of ye i a ge ‘Hott expos: one uate mak aon ne bes pons ovens neering If tn st dy some ets ‘too by otters te era ayer compe) tt ue he se oer “Stet ar i he wl a ot te a sae ‘hac han he ue one mh eps comers (aoaph a e Sen esi mae eed oie er ‘enor sei of baie tet ck fms ot women oe ae ‘seg fe the pst the tsar to ae at eos at ‘rer cy tl ley wong “Fore antoya2 sw acon 2 {wells lbby groupe anda nested parte Wat on sf rence: Ahem i deny wend Tho ong res ‘nswand ges du weit inwhat we wile The weigh tobe ges to ierest Smpetne eres ay te lowe rm il a (ne eso for eslative ayers of the varius problems his ap tig of systems anlss has iglighted might be that apres of lee late desig that eee atre war of the sma mip e defi Liclson of aden at eat opens nthe prose of dating new states night be diffe, ea the objection that judges should pt pronounce fn the meaning of statutes abou Which they might be cle to adds inte fue (2 objecon that bas reruled in he exution of Supreme (Court judges fom the leave House of Lord), but bringag ins spl or, perhaps more plus, intermediaries Such as ers. might Improve the efectneness ofthe process ‘THE PROCESS OF LEGAL DESIGN ‘What we have suggested so far amounts osying that ais of the sksiga disciplines Herbert Simon identi ita such, slonsie bus bes eduction, arctetre,towa planning and medicine” Some ine fs might count as design disciplines ~ especialy puning ao sears, but ls mosis One might als ad the digine of bie poy. The desig cnplines cach bv teow taiqueconcras but wat wifes them isthe poses of design isle On ight therefore weflly compare law ith any of the, but the comparison wih ngierig is parcel itsrucve for a umber of reaons. Fin, lnyers ke engineers bt Unie architects, arests and town planners, have ony Hed interest in the acthtc. One sometimes hears Iyer dscibe eal deve a ‘clean, but their meaning isclose tothe engineering el of using a fo" ‘ements ar posible to eons toluon. Sosnd, ke enpincers, Dut alike mort types af medial professional Lars provide a servi: fo Stents whos requirement zed to beascerianed bebe the abjesives of the projet canbe et (lst surgeons might be an excepGon, and pebaps 2 Simon 356 011 2 Rid Buchanan, "Tiking aout Des: Aa Hire Pept’ in Avion Mare) Pipl of Teeny an amantng See (Oo ‘tv, 305) 405 See aS 930) Noma 8 ” vas cugnerng some kinds of pchiatris), Tied, ule many busines constants but Iie engineers Iyers posses specie chu sls thir lent lack Four tke eines bt waite publi policy professionals and town planer ner cots ae not overwhelmingly organs o the stat of {hose who conte or woul keto conto organs ofthe sate Lawyers und engages work in bot he pulliandthe private eto. And aly and Decaps most importandy,eagacrog has peraps the mos devsoped {bd sjtemate set of Sous abou how design wars and so thee more th which compare "The proces of Ueiping leg deves has suiking pars with the oineting design proces ~ although ti fa to sy at engcers have to ar more ace and presi sbou that pros than skye Speciation of Object “The clearest parallels teat the start of the proces, where tnactions lawyers and eistielavyer both sss, as doeagacers he inportance ff oblining cee et from tir cats about what the objects of the projet are. As the Office of Parmenter Counsel comets acon eal An tmp to daft for policy ha user is kt to produce 2 dart thats unc’ Thre are further paral tbe wy Doth ower "tnd engines ale that cents might not be enil consistent o hovest bout tr gols, so that pat of the tsk of producing & cls brit tn extended Interaction between laser and cet the eal of wich to clay wbat the cleat wants end foetal clear proces between ‘ompaing objects. Another parallel isthe uvyer’ Meatiation of ‘constraints tht te cent might ot have grespe, fr example mandatory legal rues about wis, contracts or company constitutions that limit how solutions might work Glee’ dstinion between the “itis impossible’ ad the “ela ‘vey imps’ lowell ess the dflrene between a egal poem in which the int wants to do something scotraditoy (eg wating to datebute more tan 100 per eat of the profit of «ded oe poi cost of company reserves, o sting the whole of an eat to more than one person, onthe lege et, wating ost up an autono- ‘mous body bu to hep conta of" and one in which he cient wants ORC nt) 21 poe 15 Ts eomtios loge th he oc tunion of he Latoue overt of 198 for devant Some td Wes wat ae ete ‘Shanomous tos bt 4 deg te Seo pt 1th Labor ty T to do something the authority for whic doesnot yet exis an whic can ‘only be obitined if someone bejond the een contol ueqiees (eg fora UK lpblatve lawyer whore change in EU tw ora neratons teat i equed,o fora tansacons ayer whee a legate ange ‘seequie. ‘Onediereace betwen lwyersandengincers appears tobe tbe extent to which he goals and objecves of legal dcvies are measurable In engine ing measurably is thought to be al important, butler seem a0 To be overly concer about Layers ny sn that na they ea with i ro ely quaatlal, but there are many wel nown management och gue or anting targets abou early qualitative maters Measurable ‘era of euscese or flue ould devied for aay lel proj = ‘Whether the company funcioned as intended, for example, o the contac ‘as cried out, or the wl tenferred the tears propery a intended. ‘The problem might instead be eat, oF Simpl hat bas ot occur toctons to quantify what they want, ‘Another dence i that when inyers design deals, 2 opposed to wen they dein devices auch at will ad companies fr we Oy le cet ‘lng the bjetie of thei cent have to combi ia cre ay with the ‘objetivo the other party or partes othe del, who might want to use tha own lawyers in procs of negotiation. Engingetig in contrast i ‘sual conte of af a game agaist ature reer hun nein which there are competing human objectives. The difeenc, however, rather less tao might fist eppea. Eines often ave to eazag in negotn~ ton, expels athe context of concurrent engiesing, in whick diferent ‘bjesive ibe in play smulaneouh.” Moreover engineers sometimes Work in teams that rss organistioalHoundaren, and fequealy fae the protien of ascertaining abd caring the jot objecies of those ‘vgzisaons® Lavyers might not naturally se themselves as pat of team tat eocompases the lawjets of te other partes 18 deal, but much negotiation does in reality consist of searching fr joint objectives that ‘might make the deal worth making for al sides, andi pegottons ai, Kes often because ao cobeent et of Join obietves could be pected. Furdbermore, many of the standard loa "unboating’achaiques ~ foe ead on im pny el i Std SRST AP eat meaty anny peacoat ES Ee aN Roar i a) br leew pan Team ly sey nd vo cas ss se Mara Bra oe Lae al Sa ee Cahn Res Boe {33}sdy temas eS toasty ae epee 6 aw os ensing xample adjusting the pie ia exchange for warranties or inserting right ‘offs refsl or irst fe laser ~ work besa alte lees eer ‘and them as way ofrecvelng he partie difleent objects Tele, te lawyers work together to save problems tit let to themseles the parses woul ot she aaticatio of Prolens IF we ern to the mapping of problems the full closest of the analogy ‘eameen cognering esgn and legal design returns The Office of Pachamentary Couns seems partaary comuied to th iden of soluion-neuaiy, to insisting tat it mst enalje the goverment poi problem uneacumbered by sugettons fw depactooas short how to drat the lepton. Inded i srting bow mc the Ofc of Parliamentary Couns working practices eiemble these ofa offs of consulting engineers. For example although they hive eae of sane ad techniques, he ty to aold standard saltionyon the rod hat ‘versandartiaton inhibit cer analy of poblems ‘A for methods of breaking down the probe, Office of Paamentay Counsel's analysis of poly problems har afinies with the backward step method that asking oneself what conditions would hae to be full forthe problem to count sated std thea ssing what ond ions would ave o be flied before hone conditions wete inte tn futile sad soon. Inconeast, by emphasising the uniqunes of each ‘robem, the Ofc of Puamentary Cou seems to docu the ‘method of forwards eps, that staking an exiting elution to soe other. problem and running it forwards nt fas Ieee conceal t st From the way sub-problems are sometimes signed to separate teams separ team members thatthe Offs of Primary Counsel edges towacd version of th method of fctreton, in which problens are ‘ken down into a comprehensive ato sub-poblems™ “The sume st of anlycal tole aves to tansatons lwyer, though dz evidence of the methods they use pare Cru se ontret end the story of the development of ecoaeee contra sem 1 sugest the populacky of the forward sep peooay bet the Ca ‘method soges a backward steps proadueor ea fitriston If one were looking for pares with engineering, ope would expos te fraud ‘eps method to Be used only where the lem was fac friar nthe > Bavand Pus “Thee Word is Law. Prlamantery Coal end Cine Poly At 0 Poi Law 1508093 Law ac engherig 7 presenting issue one of marin! improvement, For problems wbere more fnnovation was equirod or expected, one woul expe the backward tape tod, orevenfctorsaton. The erdeney however such x wohane ec Presnt, senso suggest that aniaetons lawyers tae te forwad steps ‘tod in both type of station. Consideration of cots aid of cheat “anitarty wth he esting device appear tobe importa reason forte popularity ofits use Generation of Solution Options ‘Theriot information sviable about lawyer generation of sols. tion options. The eae autre of lea problem slvng i en and some lvyers have rece, alba le formal than eagaery on the

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