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32 IDEA 155 (1991-1992)
The Role of the Scientifically and Technologically Literate Attorney in the Application of Preventive Law to Low Entropy Corporate Decision Making and Long-Range Planning

handle is hein.journals/idea32 and id is 165 raw text is: THE ROLE OF THE SCIENTIFICALLY
AND TECHNOLOGICALLY LITERATE
ATTORNEY IN THE APPLICATION OF
PREVENTIVE LAW TO LOW ENTROPY
CORPORATE DECISION MAKING
AND LONG-RANGE PLANNING
BY JOHN H. ROBERTS*
A PARADIGM FOR THE APPLICATION OF PREVENTIVE LAW
TO CORPORATE DECISION MAKING AND LONG-RANGE
PLANNING BASED ON CONSIDERATION OF ENTROPY
The use of preventive law has become an increasingly useful and ef-
fective method for coping with a wide array of potentially long-term legal
liabilities. This is especially true in the corporate setting. Perhaps this
can be viewed as a logical and necessary step in the evolution of the
legal system. If the various stages in a generalized scheme of the dispute
resolution process are examined, these stages can be placed, roughly
in order of occurrence, on a scale of increasing disorder.1 Although it
is well known in the physical sciences that the natural tendency of
spontaneously occurring events is to take place so that entropy (chaos,
disorder) increases, this has not been demonstrated to be necessarily
so for social or legal phenomena. However, in this model it is useful to
consider the law of the jungle and the injustice of an unremedied wrong
as being characterized by higher states of legal entropy (more disorder)
than the lowest state of legal entropy, the ordered state dominated by
* B.A. Grinnell College; M.S. Tufts University; PhD.The University of Texas at Austin;
Juris Doctor, Franklin Pierce Law Center 1989; Patent Department, The Dow
Chemical Company, Midland, Michigan. The ideas expressed herein are those of the
author, not Dow Chemical.
1 Belknap, The Purposes and Forms of Preventive Law: An Analytic Framework for
Legal Relationships (Part One), 3 Preventive L. Rep. 155, (June, 1985); (Part Two),
3 Preventive L. Rep. 2 (Aug. 1985).

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