The last of Iain McGilchrist’s predictions:
“We would expect there to be a resentment of, and a deliberate undercutting of the sense of awe and wonder.
“It would become hard to discern value or meaning in life at all; a sense of novelty and boredom before life would be likely to lead to a craving for novelty and stimulation.
“There would be a … downgrading of non-verbal, non-explicit communication. Concomitant with this would be a rise in explicitness, backed up by ever increasing legislation.…
“Visual art would lack a sense of depth, and distorted or bizarre perspectives would become the norm.
“Music would be reduced to little more than rhythm.
“Technical language, or the language of bureaucratic systems, devoid of any richness of meaning, and suggesting a mechanistic world, would increasingly be applied across the board, and might even seem unremarkable when applied to descriptions of the human world, and human beings, even the human mind itself.”
And then, after all this, McGilchrist makes one last, entirely understated observation:
“This is what the world would look like [under left-brained dominance]. It’s hard to resist the conclusion that [this outcome] is within sight.”
Lawyer brains are trained to argue both sides of an issue, and to be dispassionate about it. We can regard McGilchrist’s analysis and predictions that way, but I have to say that, now that I know about brain-based culture as I’ve been describing it in this Culture of Law series, I personally find them chilling — mostly because I wrote a whole blog series on the Future of Law earlier this year which revealed them already playing out at a runaway pace.
McGilchrist published his predictions eight years ago, but spent twenty years researching them before he did so. I hadn’t read them before I wrote the Future of Law series. Now that I have, I see them reflected over and over in that series, in concepts such as the commoditization of the law, the new legal experts, law by algorithm, the focus on task- and systems-oriented expertise. the unmanageable (except by technology) proliferation of law “data,” the predominance of technology as a change agent, the acceptance of technical language as normative, the proliferation of bureaucracy and its endless rules and regulations… and so on and so on.
It seems lawyers, the legal profession, and most importantly the law itself stand to lose a significant “richness of meaning” if these trends are not accompanied with thoughtful reflection on what professionalism means in today’s New Economy. (I wanted to include a link to that term here, but I Googled “new economy” and ended up frozen by the extent of the results; none rose above the others as fully representative. I therefore invite you to make your own search.)
The future is not a given. The best way to predict the future is still to create it. And the best way to create it is to deliberately, consciously create a newly responsive and sustainable law culture based on thoughtful, whole-brained, human guidance.
Creating the future of law by recreating its culture will require a daring new kind of leadership that will appear at first to be subversive in nature. It has to be that way, because in the absence of subversion, the brain (where culture originates) simply will not depart from its default evolutionary path or risk undermining the cultural vision it already holds as status quo.
We’ll look more at subversive change next time.