I suspect most people who hold sacred holy cow views of contracts upon which they build elaborate political economy theory and "enforceability of contracts" have never actually wrangled messy real-world contracts, or bickered over buggy clauses written or arbitrated by humans.
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Ex qualified lawyer. Did contracts. You’re right, these people have no idea. Variables declared at runtime on each instance, plus “eventual consistency” is only really enforced by courts :) I COULD GO ON.
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Each court/judge its own execution environment etc. That said it’s still a surprise lawyers haven’t cottoned on to source control and versioning more than wordperfect or track changes.
End of conversation
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Do you have any interesting opinions about blockchain based "smart contracts" (https://www.openlaw.io/ )? When you put contracts into literal code, you have to contend with just how much of that messiness is a desired feature and code it in explicitly (manual arbitration, etc)
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I am a lawyer and I have built websites in PHP. Contract law is 1kX PHP (or 1Mx if foreign law is raised) running on an operating system (the mind of a random judge) that is better than MS-DOS in many ways, but more likely to corrupt the data on storage or access.
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I recall at least 2 or 3 multimillion dollar cases based on interpretation of comma placement or use of the word "and"
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I feel you. That's why I read footnotes and assumptions first.
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Also not a lawyer but was responsible for rewriting corporate bylaws in collab with one. Layman view of sanctity of contracts is a long way from reality.
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Not sure why you think that's true, it's that contracts are exchanges and the inventory of exchanges seeks unfairness by both parties. The law on the other hand is pretty intolerant of unfair contracts. Most of legal frailty can be resolved by ADOPTING the rigor of software.
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