4 ms·
Having gone through a similar trial, this is painfully familiar. The reality seems to be that the legal process optimises for whoever argues the most manipulat
by Arathorn 10y ago
Having gone through a similar trial, this is painfully familiar. The reality seems to be that the legal process optimises for whoever argues the most manipulatively (using every dirty trick in the book) rather than actually optimising for truth.
Perhaps this is inevitable: rather than hoping to successfully convey a logical scientific argument to the judge/jury/arbitrator about a deeply technical area, instead the lawyers find themselves painting a more subjective simplified story that the audience may relate to... at which point you have to fight like with like. It's almost a post-truth kind of situation; the actual reality is irrelevant; it's instead how well the theatrical posturing is executed or how compelling the simplified version of the story is.
That said, I have no idea whether Carmack is in the right or wrong here. In my instance the system worked in my favour, but I suspect it had a lot more to do with having lawyers who were good at debating than the almost incidental fact that objectively and demonstrably I had done nothing wrong...
- abraae 10y agoAbsolutely concur. In an arbitration case, our attorney told us beforehand that (pardon the language) "the only bigger whores than lawyers are expert witnesses". The outcomes seem to depend mainly on, as you say, which side can spin the most compelling simplified story that resonates with the arbitrator/jury. As another poster says, perhaps use of analogies should be banned (Harry Potter in this case for goodness sake).