Law in Contemporary Society
As I work on my essay, I thought I would post some ideas I am trying to pull together.

Any feedback would be most welcome.

Broadly, I am interested in what lessons I can take from LCS thus far to make me more effective at effecting the changes I would like to see in the world concerning climate change policy.

Positivity, Critique and Persuasion

I do think that part of a successful campaign for stronger climate policy in the United States has to be a positive, detailed vision of a low-carbon future. This idea sort of bubbled up and became clear to me in my dialogue with Ron and Nona about the de Saint Exupery quote she discussed on NonaFarahnikFirstPaper. The idea of focusing one's persuasive efforts on a positive vision rather than criticism is not a new idea. But I think it is nonetheless important generally, and perhaps particularly so in the context of climate activism.

On reflection, one thing that strikes me about Eben's remarks about the free software movement (linked below) is the symbiosis between positive vision and critique. Part of the reason his appeal to use free software is compelling is the undesirable consequences of proprietary software. Relating back to de Saint Exupery - it may be difficult at times to articulate a positive vision which does not contain elements of critique. More pragmatically, it may be undesirable to do so, because criticism may be a vital means of persuasion. I think the question may resolve into a tactical question about which are the effective buttons to push to motivate a particular audience.

Long-term Strategy

I am intrigued by the possibility of finding lessons for climate activism from the free software movement. Over the weekend I read a speech that Eben gave at Seattle University last March that discussed the strategy and successes of the free software movement. If you haven't read this piece, I recommend it. I am less informed than I would like to be about the history of the free software movement, but from Eben's narrative, it seems to be an example of a social movement struggling relatively successfully against very powerful and wealthy antagonists. Eben states:

"Things have changed. Something is happening which has never happened before, and it changes the outcome of the game. We are exactly where we have always been, with respect to what we want, but the methods of gaining it have changed, and they are now possible in ways that they were never possible before. And the great riddle of romantic socialist politics, the great worry of the French revolution, the great difficulty that has presented itself to every struggle for human equality since the beginning of the struggle, has been lifted in substantial part. Because we now live in a world where we can make enough for everybody with our own hands. Because we are capable of achieving the relationship we needed to achieve: From each according to his ability, and to each according to his need.

...We are ready now.

That doesn’t mean there isn’t any work to do. Fortunately there is plenty of work to do. For lawyers, moreover.

But there is good news about it. Because we have been doing it for a very long time, and it has wearied many a loyal person, and it has worn out many a strong one. The difference is: This time we win."

What is the most effective work for lawyers in climate activism? Are there lessons from the role of lawyers in the free software movement? The role that lawyers have played in social justice movements more generally? Are the structural changes that Eben cites as relevant to the free software movement relevant to climate activism? If yes, are they being utilized as effectively as possible?

It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Paper Title

-- By DevinMcDougall - 09 Feb 2010

Section I

Subsection A

Subsub 1

Subsection B

Subsub 1

Subsub 2

Section II

Subsection A

Subsection B


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r2 - 22 Feb 2010 - 18:53:41 - DevinMcDougall
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