Finding God in Chess and the Appellate Brief
posted by Nate Oman
When my professional life is going well it consists of reading and writing appellate briefs. Fortunately, this is not nearly as pathetic as it sounds.
At its most basic, an appellate briefs is a written argument presented to a court explaining the claims of your client and how those claims are supported by the law. As such, it represents one of the great triumphs of human civilization. I am serious. Law rests on a basic commitment to resolving the disputes of human life by resort to reason rather than violence. In the days before appellate briefs (or something like them) we resolved disputes through blood feuds, trial by combat, or by throwing women into ponds to see if they floated. Deliciously dry and intricate arguments about precedent, controlling authority, pleading, and statutory construction represent one of the few unequivocal leaps forward in human history. Post-modernism, historical relativism, and skepticism of Whig history all have their place, but at the end of the day, the rule of law is simply a lot better than trial by combat. Generally speaking, the progress of reason is told in Enlightenment terms as a story about the ebb of faith down the shingles of Dover Beach. However, it is possible to see the triumph of reason in the brief in terms of an older vision of reason: The trace of the divine.
A well written brief has a kind of beauty about it. It will have a unifying structure, a clear skeleton on which the flesh of the argument hangs. Doctrinal arguments and policy arguments will be woven together, adverse precedents will be carefully distinguished without seeming glib or plodding. The writing will be clear and free from jargon (except for the occasional flourish of a Latin maxim). At the end of the brief, the reader will be left thinking, “The law supports the appellant’s claim and it is a good thing to, as our law is wise and just and clear.” A badly written brief is all ugliness. The question presented will run on for pages. The argument will be lost in a profusion of points and subpoints, never coalescing into an identifiable structure. Adverse precedents will be ignored or labored over for pages. Doctrine and policy will be left in stark isolation, presenting the judge with the unhappy choice of enforcing a bad law or ignoring the law to reach a just result.
In this sense, an appellate brief is like a game of chess. A person who knows how the pieces move, but has no grasp of how the game is played will push pawns and bishops aimlessly around the board, attacking and defending pieces with no discernable strategy or plan. Weaknesses in the player’s position will develop, backward pawns, and hanging material will proliferate as pieces clog the lines of attack of their fellows until ultimately the game sputters to an accidental ending. In contrast, in a well played game of chess each move will fit into a position or plan. There will be identifiable strategic goals and great care to avoid the minor weaknesses that will later flower into catastrophe. The game will utlimately be decided by the execution of a coherent strategy pushed forward by precise attacking combinations.
Both chess and the appellate brief present a drab and plodding exterior but there is a deep structure to both that can exhibit the beauty of well employed reason or the ugliness of diffuse and scattered thought. Traditionally, theologians have looked at the world in remarkably similar ways, searching out the trace of divine reason. Indeed, the very cognizability of the world, the fact that we can make some sort of halting sense of it, was seen as a finger-print of God and reason itself became an aspect of the divine presence. Likewise the beauty of the world, which was related to our capacity to apprehend it, was likewise a trace of the divine logos. For me there is a similar kind of grace and beauty to the well-crafted legal argument or the finely-timed chess combination. There is something of the same divine spark of reason that fills the world of the believer with the trace of the divine.
(Orginally posted in modified form at Times & Seasons)
December 29, 2005 at 2:43 pm
Posted in: Religion
Print This Post
Responses (14)
Simon - December 29, 2005 at 5:04 pm
I have nothing substantive to offer in reply, but I would like to say that I really liked that piece. The only thing I find disagreeable is that I really don’t think that Chess is, in any way, shape or conception posessed of a “drab and plodding exterior” – but then again, I like reading appellate briefs, too.
Stokie - January 1, 2006 at 5:30 pm
Having to slog through this post is really too much to bear. It a backhanded, transparent pronouncement that “I write great appellate briefs, indeed, I see the hand of God in them. Lesser pagans must improve to meet my godly standard.” Such self-flagellation seems more appropriate on a porn site. If you have a brief you’re proud of, post it here, ala SCOTUS, and we’ll tell you if it’s any good. Given the pedantic, long-winded, goofy nature of your posts, I’d be surprised to agree with your assesment.
Bruce - January 1, 2006 at 5:43 pm
1 … d5
Nate Oman - January 2, 2006 at 11:56 am
Stokie: I get the accusation about covert bragging. (Alas, I don’t write great appellate briefs, as much as I would like to. Mainly, I do priv review, an area of the law where I have been unable to see the hand of God.) I am mystified, however, about the accusation of self-flaggelation and p*rn sites. Where are the whips and chains?!?
Nate Oman - January 2, 2006 at 11:56 am
2. resign
Kaimi - January 2, 2006 at 6:56 pm
Nate,
You don’t see the hand of God in priv review? Let’s see:
-Asked to sacrifice son (and rest of family);
-Liable to be zapped for a rule you didn’t know about, like steadying the Ark;
-Don’t look back or you’ll be turned into a pillar of salt;
-Priv guidelines that are as easily understood as the book of Isaiah;
The parallels seem to be there . . .
Appellate Law - January 2, 2006 at 8:18 pm
Miscellaneous posts
A number of important miscellaneous things came around over the holiday period in the blogosphere. All of them are appellate-related – at least to some extent. They go below the fold, because I like to make people work.
Bruce - January 2, 2006 at 10:11 pm
What the heck is priv review?
Kierkegaard - January 3, 2006 at 10:51 am
Great piece. Clearly this is something even the best of lawyers can improve upon (writing in general, appellate briefing in specific).
I have posted a link to your piece, and also to a related post from another blog.
Nate Oman - January 3, 2006 at 10:57 am
Bruce: Prv review consists of reading through thousands and thousands of pages of documents provided by a corporate client to determine which documents are covered by the attorney-client privilege and thus don’t have to be produced in response to a discovery request, and which documents are not covered by the attorney-client privilege and thus must be produced.
Essentially it is a gargantuan exercise in extremely high-stakes monotony. It is monotonous because the documents tend to not be especially exciting and there is a creat deal of time spent determingin if joe smoe is or is not an attorney. It is extremely high-stakes because if you inadvertantly produced even trivial privileged documents, then you can be deemed to have waived the privilege, which can have huge consequences.
Hence, it is the practice of law at its worse: boring stress.
Crescat Sententia - January 3, 2006 at 12:40 pm
Handfuls of Dust
Nate Oman has a pair of posts about “Finding God” in the structural beauty of chess and appellate briefing here and here. Now, as a lover of structural beauty, I sympathize. I am also wowed by the structural beauty of…
Stokie - January 3, 2006 at 12:55 pm
Comment removed at the request of the commenter.
jimbino - January 3, 2006 at 3:26 pm
It sure seems from the posts that a bad day fishing or playing chess is a whole hell of a lot better than a good day lawyering.
Legendary Super Saiyan - June 9, 2009 at 10:26 am
this is a letter i wrote my father. its not the full theory, but its the basic thoughts for it. hope you enjoy!!!!
hey…..dad…..i think i have a new way to present the
story of jesus to you.
i might have to use small points/ideas from the
bible/christianity, sayings/thoughts from the past to help
support my claim, but i promise im gonna be logical. i
figured if i wrote it instead of saying it, you can read and
read again this until you understand it. not to say you
will nessicarily agree, and thats fine, but to understand
it, thats what needs to be worked with first……
remember what i told you about the idea about a soul?
remember i said that the seemingly true difference
between humans and everything else in our enviroment
is the FACT that we have the ability to have thoughts
and more importantly, convey those thoughts to others
and build upon our knowledge with both internal and
external ways. meaning, sometimes its our inviroment
that is the influence that teaches us things, but also
sometimes is by taking the moment to observe life that
teaches us things. see….LOGIC! so far so good i hope!
*love you, and even though you have your reasons for
not believing this, please keep reading, cause after
all….i am your son….YOUR PERSONAL
REPRESENTATIVE AND FIRST DIRECT
CONTRIBUTION TO THIS REALITY/UNIVERSE/WORLD.
*<—-THAT IS VERY IMPORTANT TO THINK ABOUT IN
THAT WAY! DONT JUST THINK OF ME AS YOUR SON,
BUT AS YOUR FIRST DIRECT CREATION AND
PERSONAL REPRESENTATIVE!! I PROMISE YOU, IF
YOU TRY TO THINK OF JESUS IN THAT WAY, THIS
MIGHT JUST WORK! I LOVE YOU!!!!!*
ok, to continue. here is a bit, just a bit of christianity in
this, so bear with me sir! lol ok…..it says in the bible or at
least is said in christianity that jesus was on the right
hand of God *think of this certain god as “light God” /
and it also is suggested that Lucifer was on the LEFT
hand of this Light God….
ok think about that, something thats been said for
thousands of years now, and lets continue!
ok…..imagine that lucifer isnt an angel at all. imagine
that this piece of shit is the Dark God…..that means, he
and the light God are like BROTHERS!
want evidence you say? OK!!!!!!! it all starts with looking
around at nature to begin…….BALENCE!!!! TO
DESTROY A CREATION IS THE SAME AS CREATING
DESTRUCTION!!!!! LOOK AT IT WITH NOT JUST YOUR
HEART/EMOTIONS, BUT LOGICALLY!!!!!!!! YOU KNOW
THAT SMALL POINT IS TRUE! LOVE YOU!
ok, we have wondered the question “if god exist, then
why do bad things happen to good people?” GREAT
AND FAIR QUESTION….I THINK I FOUND THE ANSWER
SIR! AND AGAIN, AS YOUR SON AND PERSONAL
REPRESENTATIVE, PLEASE LISTEN.
and i hope you like what im saying! im trying my
damndest to satisfy your mind dad.
anyway…imagine this thought jack……ok. so now we
have an established IDEA and thats what i want you to
see it as and see if it makes sense to you and please, if
it does, let down your pride and admit it to yourself…i
promise you it will make you feel better soon after. love
you. maybe….just maybe this is why i was born as your
son…..to be there for you in a way in which no other
normal person has ever been.
now, lets continue with the IMAGINATIVE
THOUGHTS….for me, they are inspired by emotions, but
i know this much is true…if there is logic and an
acceptable truth in it…ILL FUCKIN FIND IT JACK!
so, lets return just a bit to the bible….it says that man,
THIS BEING THAT CONTAINS A SOUL/IS A SENTIENT
BEING/ A CREATURE THAT IS ALONE IN THIS WORLD
ABOUT ITS UNDERSTANDING THAT IT IS ALIVE
BEYOND THE MERE INSTINCTS AND FUNCTIONS OF
OTHER LIFEFORMS, it says that man was created on
the 6th day. ok….well one idea is for sure, and you see
this suggested in both the bible and evolution…..our
enviroment evolved/changed/developed way before we
got here. ok! so, lets say that, again, in the interests of
balance, they often wonder about if God created man
and angels, then who created God……what if! what if
God, the complete essence, and in this idea, meaning
both the light God and dark God, and the
complete/perfect entities that people see here on this
planet…what if God was a product of It’s enviroment!
meaning, what if the consciousness of God was a
product of evolution…meaning, in turn that the
enviroment/ this spiritual realm has always existed but
God was an entity that as the slow, natrual process of
developing God’s consiousness…this was a product of
evolution! and to back this up, ill use nature…you know
that in your heart of hearts that the idea of things
changing over time in accordance to their enviroment is
very rational! PLEASE READ OVER AND OVER IF YOU
HAVE TO, TO COMPLETELY UNDERSTAND THAT
THOUGHT. LOVE YOU.
ok, so to go one more step further…imagine this….we
wouldnt be able to understand, much less describe the
nature of light without the NATURAL BALENCE of the
nature of darkness. this is a concept that is truly
universal…..look at the nature of the world……imagine
that the reason it says in the bible that “God” created
both day and night. now….if you imagine that this dark
god was that force that subjected the world into
temporary dark states known as night, and that this light
god was the force that subjected the world to temporary
states of light known as day. now, with the way our
galaxy is, you have to admit that its an idea that does
make sense. and more importantly, its evidence that you
can see! you know that im right at the very least about
night and day……
read that as much as you like daddy.
i hope you are seeing this in a new way so far….there is
so much more to share! *as early cobler says…..DAMN
IM GOOD!* lol
ok, so, back to the bible and that point i made
earlier…..they say that lucifer was on God’s left and that
jesus, his son, was on his right….
and, on another point……the light god seems to have a
representative….this would be jesus *bear with me sir*
ok…..in the interest of fairness, imagine this…if
lucifer/dark god was on the light god’s left…..lets
imagine that this “beast” this antichrist was on the left
of lucifer/dark god! and again, its a view of
balance…..now imagine that the dark god and the light
god are like king pieces on a chess board, they are
equal in power…..and lets say that jesus is the light
god’s piece to his RIGHT! MEANING ITS LIKE SAYING
THAT JESUS IS THE QUEEN PIECE OF THE
BOARD….AND IMAGINE THAT THIS DARK
GOD/LUCIFER, IMAGINE IT IN PRACTICAL TERMS
RELATED TO A CHESS GAME….IF YOU HAVE THE
DARK GOD ON THE LEFT OF THE LIGHT GOD….AND
IF YOU HAVE OBAMA AS HIS
SON/REPRESENTATIVE/VERY FIRST CREATION
……THEN YOU KNOW THAT IF THIS DARK GOD
CALMLY WALKS TO THE OTHER SIDE OF THE BOARD
WITH HIS PERSONAL SON/FIRST
CREATION/REPRESENTATIVE AT HIS LEFT SIDE,
THEN WHEN THIS DARK GOD TURNS AROUND WITH
HIS SON/OBAMA CONSTANTLY TO THE LEFT OF HIM,
THATS WHERE THE KING AND QUEEN PIECE ARE AT
ON THE BOARD WITH THEIR SOON TO BE DARK
ARMY.
MAKE ANY SENSE YET!!!!???? DOES TO ME. AND
BEST PART IS, IM NOT USING THE BIBLE IN THIS. IM
USING THE POWER OF THE IMAGINATION, BUT MAKE
NO MISTAKE, IM NOT UNDERMINING THE BIBLE, IM
JUST TRYING TO RELATE THIS INFO IN THE SENSE
OF THE 21rst century…before we have a 21rst century
breakdown!
ok…there is a LOT more….if your interests are peaked,
then ask me more…if not, i understand. but dad, i beg
you to do your very best to understand this in the way
that ive presented it. I LOVE YOU. maybe….just maybe….
i find it funny that both the current jeruselum, the said
to be holy land, the one that i now believe in to a great
extent….it was reborn in modern times on MAY 14,
1948…..and my birthday….MAY 14TH…..interesting.
i hope you have enjoyed readin this. i promise you there
is more but i respect if you dont want to hear more of
these ideas.
love you. more than you know.
will.I.AM
Leave a Reply