Airlines, Mayonnaise, and Justice

tags
Gordon Ross

Notes

The law is a material. And just like other materials I work with, it is malleable, and it can change.

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the “new post-normal condition,” referencing philosophers of science Silvio Funtowicz and Jerome Ravetz’s term, “post-normal science” and their description of a world characterized by the com- bination of high epistemological, ethical, and systems uncertainties and high decision stakes.

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echoes of the Age of Consequences

Decades of public administra- tion and policymaking have been underpinned by the “optimistic belief in social reality as programmable.”

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Bent Flyvbjerg

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design work affect in significant ways the broader ecology of actors involved (e.g., registry staff, self-represented litigants, expert law- yers, and the judges of the highest court in the province).

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Complexity is where “the con- cept of design becomes relevant.”

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design helps us to understand the architecture of problems, provides opportunities for collabora- tion, and makes policy intent tangible.

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prototyping and usability testing in prose

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the particular legal documents considered in the consultation (fac- tums) were a problematic starting point for a revised design.

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incor- rect style of cause is frequently the source of rejection

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We probed further: “What if you could electronically file, with all of these new features, and be auto-accepted, and be given the definitive next filing dates from the Court?” We finally received our answer: “Oh, I’d e-file in a heart- beat!”

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expandable rationality in response to the concept of bounded rationality

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conceptual decision-making framework, Cynefin

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Lying between idiosyncratic inductions and predictions based on deductive tests, scalable abduction offers antici- pation. Anticipation is “softer” than prediction, bridging between the strong predictive claims achievable in, say, classical physics and the unpredictable, often seemingly chaotic press of singular events confronting us daily at the human scale.

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Aristotelian intellectual virtue, phronesis, or practical wisdom

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Wayfinding Precedes Navigation

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new ways of knowing, experimental meth- ods, and a capacity for anticipatory awareness can chart a new direction for a legal design practice—one that is sensitive both to the unanticipated consequences of our best intentions and to the power dynamics

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