JDJEDT's confusing obfuscatory Contracts Guru
JDJEDTSR is the incarnation of combined reputation and quantity in law schools. You could say that Civil Procedure is the subject most emphasized by JDJEDTSR, but you could also say that Contracts is the subject he most emphasizes. See when JDJEDTSR teaches law he always teaches Civil Procedure before he teaches contracts; yet he actually teaches contracts more than he teaches Civil Procedure because the mavericks amongst his lawyer-training-gurus address Contracts but not Civil Procedure.
JDJEDTJR is the incarnation of law schools without regard for alleged quality. JDJEDTJR's favorite Contracts sacred text is "The Death of Contract", by Gimore (1995) ( http://www.amazon.com/gp/reader/081420676X/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S003#reader-link ).
Finally after studying "the Death of Contract" book and terms used in it for hours, I realized that, the title of the book, refers, not to contracts becoming unworkable or obsolete, but to contract law becoming irrelevant, as contractors resort to extra-judicial private sector mediation and arbitration.
Imagine that. The title implies that the book is an astounding proof that contracts have become unworkable and or obsolete; whereas what the book is really saying, is, that contract LAW is dying because contracting parties are sick of resorting to it to solve disputes.
JDJEDTJR's favorite contracts guru, starts getting confusing with the very first three words of his book, the title. The introductory paragraphs in his book are as if covered by a smokescreen to the extent that after reading them one still cannot tell whether the idea is that contracts are dead, or that contract law is dead.
The very first three words of this writer's book cause confusion like a roadblock, a halt of progress in understanding law comparable to a defensive tackle halting a lithe receiver; and yet this writer and JDJEDTJR wonder why contracting parties no longer resort to public sector adjudication. They do'nt resort to the public sector because people like JDJEDT's favorite contracts guru, are so unspeakably and selfishly obfuscatory and intellectually self-centered.
The Guru is a professor of law. If laws regarding a given human activity become "irrelevant", to him it is as if that human activity had become extinct, because he sees everything, through the eyes of a law professor not through the eyes of a human being. To him, contracts are dead because the study of the law of contracts has become useless. To him, God is dead because the study of the laws of God, have become useless. And so forth.
To him, the non-human law guru, tennis is dead because style A of tennis has been replaced by style B of tennis whereas the guru specializes in style A of tennis. What egotism. And this guru does not shrink from inflicting such egotistic obfuscation on those outside of his specialty, who are even less able to understand mysterious titles such as "the death of contract" followed by mysterious verbiage, than those inside of his specialty.
Here is a book being used to educate law students, who are in the process of transforming themselves from generalists into specialists, and it plunges into opaque phraseology such as "the death of Contract".
The world is becoming more and more like a place wherein advances are made through loops such as specialist-generalist-specialist, or generalist-specialist-generalist, as info moves between groups that were previously more isolated from each other. Yet JDJEDTJR's favorite contracts text, starts the confusion which hits generalists especially hard, in its very first four words, its title.
JDJEDT's fascination with Gilmore's "the Death of Contract", is a classic example of texts that are hard to understand because they are incompetently written by poor communicators, being considered excellent, simply because they are hard to understand, and, duh, likewise, the most advanced thinkers are hard to understand because they are more advanced relative to their students than the less advanced thinkers are.
@2005 David Virgil Hobbs
These are my opinions at the present time, they are opinions that may not coincide exactly with fact.
JDJEDTJR is the incarnation of law schools without regard for alleged quality. JDJEDTJR's favorite Contracts sacred text is "The Death of Contract", by Gimore (1995) ( http://www.amazon.com/gp/reader/081420676X/ref=sib_dp_bod_ex/002-6320582-2337641?%5Fencoding=UTF8&p=S003#reader-link ).
Finally after studying "the Death of Contract" book and terms used in it for hours, I realized that, the title of the book, refers, not to contracts becoming unworkable or obsolete, but to contract law becoming irrelevant, as contractors resort to extra-judicial private sector mediation and arbitration.
Imagine that. The title implies that the book is an astounding proof that contracts have become unworkable and or obsolete; whereas what the book is really saying, is, that contract LAW is dying because contracting parties are sick of resorting to it to solve disputes.
JDJEDTJR's favorite contracts guru, starts getting confusing with the very first three words of his book, the title. The introductory paragraphs in his book are as if covered by a smokescreen to the extent that after reading them one still cannot tell whether the idea is that contracts are dead, or that contract law is dead.
The very first three words of this writer's book cause confusion like a roadblock, a halt of progress in understanding law comparable to a defensive tackle halting a lithe receiver; and yet this writer and JDJEDTJR wonder why contracting parties no longer resort to public sector adjudication. They do'nt resort to the public sector because people like JDJEDT's favorite contracts guru, are so unspeakably and selfishly obfuscatory and intellectually self-centered.
The Guru is a professor of law. If laws regarding a given human activity become "irrelevant", to him it is as if that human activity had become extinct, because he sees everything, through the eyes of a law professor not through the eyes of a human being. To him, contracts are dead because the study of the law of contracts has become useless. To him, God is dead because the study of the laws of God, have become useless. And so forth.
To him, the non-human law guru, tennis is dead because style A of tennis has been replaced by style B of tennis whereas the guru specializes in style A of tennis. What egotism. And this guru does not shrink from inflicting such egotistic obfuscation on those outside of his specialty, who are even less able to understand mysterious titles such as "the death of contract" followed by mysterious verbiage, than those inside of his specialty.
Here is a book being used to educate law students, who are in the process of transforming themselves from generalists into specialists, and it plunges into opaque phraseology such as "the death of Contract".
The world is becoming more and more like a place wherein advances are made through loops such as specialist-generalist-specialist, or generalist-specialist-generalist, as info moves between groups that were previously more isolated from each other. Yet JDJEDTJR's favorite contracts text, starts the confusion which hits generalists especially hard, in its very first four words, its title.
JDJEDT's fascination with Gilmore's "the Death of Contract", is a classic example of texts that are hard to understand because they are incompetently written by poor communicators, being considered excellent, simply because they are hard to understand, and, duh, likewise, the most advanced thinkers are hard to understand because they are more advanced relative to their students than the less advanced thinkers are.
@2005 David Virgil Hobbs
These are my opinions at the present time, they are opinions that may not coincide exactly with fact.
posted by David Virgil at 6:17 AM
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