December 17, 2017

The Future of Law (Part 18): How Long Before the Future Gets Here? Cont’d.

“A new scientific truth does not triumph by convincing its opponents and making them see the light, but rather because its opponents eventually die, and a new generation grows up that is familiar with it.”

Max Planck, founder of quantum theory,
in his Scientific Autobiography and Other Papers

rhodesMax Planck’s comment is right in line with what we learned last time from physicist Thomas Kuhn’s seminal work The Structure of Scientific Revolutions about how paradigm shifts come to be adopted. Kuhn also speculated that it takes a full generation for a paradigm to shift.

How long is a generation? This blog post from biological anthropologist Greg Laden provides a pithy answer:

Short Answer: 25 years, but a generation ago it was 20 years.
Long answer: It depends on what you mean by generation.

(The post continues with an entertaining and informative commentary. It’s short, and worth a read.)

If these three scientists are correct, then the trends we’ve been looking at in this series will take another 20-25 years to become the law’s “new normal.” That can make us feel either impatient or complacent, but before we get too settled in our position, we might keep in mind the lessons of this year end 2010 New York Times article that points out that we often envision the new normal by extrapolating from the recent past, which makes for a lousy planning strategy. Why? Because we don’t take into account a simple, game-changing factor:

The element of surprise.

Many of the predictions made in this series are surprising, to be sure, but even more surprising is that these things are already happening but many of us just aren’t seeing them. Why not? Because our brains literally can’t take them in.

In this post at the end of 2014, we looked at research from the emerging field of cultural neurology that suggests our brains’ observation and cognitive faculties are so linked to our cultural context that we simply can’t see paradigm shifts when they happen. Our cultural bias blinds us. We’re caught in The Emperor’s New Clothes syndrome.

Who can see the shift? The new generation. By the time the new paradigm’s “opponents eventually die, and a new generation grows up that is familiar with it,” the paradigm we can’t see now will be the only one the new generation has ever known.

And just to make things a bit more complex, as we’ve also seen before, some trends don’t sustain their momentum, and some paradigms never shift for lack of a following. Which is why passivity doesn’t serve us in times of great change.

What’s the alternative? We can position ourselves to be surprise makers instead of surprise takers. We can grab the new paradigm and run with it, and in so doing help to shape it the way we’d like.

We’ll talk next time about how we can do that.

A collection of Kevin Rhodes’ Legal Connection blog posts for the past three years is now available in print from Amazon. Also available from Amazon as a Kindle, and as an ebook from Barnes & Noble, iTunes, Smashwords, and Scribd.

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