Creative Systems Theory and Creative Lawyering

For my Legal Analysis and Writing course I am reading about "Developing a Persuasive Theory" through the "six stages of the creative process". (Legal Reasoning and Legal Writing: Structure, Strategy, and Style by Richard K Neumann, Jr. Chapter 24 on pages 302 & 303).

I cannot help but notice the striking similarity between these six stages: Problem-identification, Gathering and evaluating information and raw materials, Solution-generation, Solution-evaluation, Decision, and Action, with the stages of the Creative Systems Theory: Pre-Axis, Early Axis, Middle Axis, Late Axis, and Integration. (See Charles M. Johnston MD work on the Creative Systems Theory).

The two are not completely analogous; there are not even the same number of steps/stages, but I find the underlying process compatible. In fact, the separation of Early Axis into two steps, Gathering and Solution-generation, is used as an example in the text (Neumann, pg 303) of how stages can overlap.

The biggest departure in my mind is the difference between Integration and Action. Action implies a destination, while Integration suggests the spiraling of previous stages into a better future. The production of a Memorandum or appellate brief seems so terminal, while Integration lasts a lifetime. And yet, the process of appellate advocacy can span a career (or more). Perhaps I am taking this microscopic example, the process of creating an appellate brief as the singular application of what should be a larger framework.

I will try to see this lesson as an inroad to a larger understanding, using these two creative processes to generate well reasoned thought on all levels. Creative Systems Theory is extremely relevant to every creative process. The wisdom of these truths transcends the language that is used to name and describe them.

So now I had better shut up and do it!

Not Mobile like phone, not Stable like horses

The other theme (besides Function - Expression) that has been burbling in my thoughts recently is Mobility - Stability. If you don't know what that is, the simplest example is walking down the street, you plant one leg (Stability) to move the other forward (Mobility).

But like all of the other themes, Mobility & Stability not only apply to micro application, but also to macro application. Right now I am very aware of the flip-flop of our usual family dynamic. For almost ten years my occupation was very stable, dependable income and pretty set hours. Now I've tossed out all those rules. My income is not enough to support my family as I venture to create my new career in law. My schedule is variable by semester and at odds with a lot of the needs of my family. I'm as stable as it gets.

In response Andrea has felt the pressure to be te stabilizing force. She has put her continuing education on hold while I get underway, she's very aware of how many clients she carries and the income associated with that. For someone who was always the psychic stability in our relationship, I feel like I've put a huge burden on her. But she has been so amazing and supportive, through the transition period of figuring out what I wanted to do and now through the struggle of trying to establish myself in school. I am so grateful to her and hope that when I come out the other side of this, we will be able to strike a flexible balance of Mobility & Stability, flowing together or in balancing opposites as needed.

Coffee Expression

A few months ago Merlin Mann (of 43folders.com fame) talked on MacBreak Weekly (see pixelcorps.tv) about how some people get so involved in their productivity systems that they forget that the purpose is to actually make life more productive.

His analogy was brilliant. He said a productivity system is like a coffee cup. If there are cracks in the cup, then you have to fix the cup, but otherwise spending lots of time redesigning the cup is just overkill. You want to get on to actually enjoying some coffee in your cup.

Likewise, if your productivity system has holes in it, then important tasks fall through the cracks and get lost. However, if the important tasks are making it on your list, then any time spent adjusting the system is wasted. Spend that time doing the things on your list or enjoying recreation.

I was reminded of this last week when a lot of our final IMS weekend spiraled around function and expression. I realized that this was the Laban way of describing the same concept. Being intentional about what elements of your life are functional and which are expressive, allows efficiency and fuller expressivity. It also clarifies that things are not black and white. Many elements of our life have functional and expressive components. But just like the coffee cup, the point is not the analysis itself. The point is to live richly and fully because you spent the time making conscious decisions about how to go forward.

My personal productivity system is usually full of holes. Then I spend a few weeks focusing on it and it gets better for a little while. I hope that slowly but surely it's getting better as a whole, even with 10 steps forward and 9 steps back each time.