This fillip is about law, oddly, but a law far more profound than any made by parliaments. I speak of Muphry's Law.

muphrys_law.png

Well, no, actually, I didn't, but thanks for asking. Muphry's [sic] Law was created sixteen years ago by John Bangsund in The Society of Editors Newsletter and given expression thus:

(a) if you write anything criticizing editing or proofreading, there will be a fault of some kind in what you have written; (b) if an author thanks you in a book for your editing or proofreading, there will be mistakes in the book; (c) the stronger the sentiment expressed in (a) and (b), the greater the fault; (d) any book devoted to editing or style will be internally inconsistent.

The article by Bangsund contains a number of wonderful and classical illustrations. And there's a lovely (near) illustration of this law at work in a recent Language Log column, all the more delicious because it involved Stephen J. Dubner of Freakonomics fame and his correction of an article in The Economist for using "Cornish pasties" instead of Cornish pastries.

But as far as I'm concerned Muphry's Law, wonderful though it may be, is simply an illustration of a wider principle that, having some time ago flung modesty to the winds, I call Fodden's Law Of Perversity (which also has nothing to do with pasties of that sort). I can give you illustrations of FLOP in action, however I am experiencing difficulty in capturing this fundamental aspect of fate in mere words. FLOP says, for example, that courses on teaching are invariably badly taught; or that books on logic will contain glaring mistakes in reasoning; or that health foods can make you sick.

You might think that Burns came close with “The best laid schemes o’ mice an’ men / Gang aft a-gley.” But that's pretty much Mr. Murphy's Law. Whereas, Fodden's Law points out that the "gley" isn't just any old "gley" but one rather more suited to the very nature of the scheme, a "gley" with a "glee" attached. As though, for instance, the unintended consequences of a statute introduced to eradicate "X" but which succeeds in fostering "X" were not unintended at all, but in fact aimed at all along by some trickster force. This perverse — and pervasive — agency has to be acknowledged when, as we must, we recognize the ever increasing burden placed on us all by a technology whose fondest and only goal is to to lighten our loads.

And so it goes. Yet, I must say that the more I've tried to frame FLOP in precise words the more I've come to suspect that it is itself a victim of this law of perversity — perhaps the necessarily prime victim — and so must remain ill-drafted. Feel free, however, to take a crack at the thing. Just be prepared for it to come out… odd.

Simon Fodden is the founder of Slaw. He taught law at Osgoode Hall Law School for more than 30 years before he retired to focus on writing, publishing, and IT and law.
[click on the author's name for more information]

up

2 Comments on “The Friday Fillip”

  1. Pauline Rosenbaum says:

    I hadn't heard of Muphry's Law but I can relate. As a law student I edited a professor's scholarly articles. The first footnote in one of the articles named me and expressed appreciation for "the her excellent editing and comments on this article [sic]". It was the one sentence in the article I hadn't proofread because it was inserted last.
    I love slaw.ca and read it regularly. Keep it up!

  2. Simon:

    Oh I think you are onto something here. I think Douglas Adams was thinking along a similar vein:

    "The major difference between a thing that might go wrong and a thing that cannot possibly go wrong is that when a thing that cannot possibly go wrong goes wrong it usually turns out to be impossible to get at or repair."
    Douglas Adams, Mostly Harmless

    Long live Murphy's laws! Blessed is the man who can laugh at himself, for he will never cease to be amused.

SlawTips      

SlawTips Cash Flow Reports – Part 1
Thursday, May 17

Following on our earlier Top 10 Financial Errors posts, this is the first in a series of 10 posts dealing with Cash Flow Reports and in particular, cash flow management.… »»

Practice

SlawTips Just the Facts
Wednesday, May 16

Today’s research tip is about facts. When research is assigned to juniors (and librarians for that matter) it is important to share facts that are critical to the research. It … »»

Research

SlawTips Minimize That Darn Office Ribbon for More Room on Your Desktop
Wednesday, May 16

If you are using Office 2007 or 2010, The Ribbon is now a part of your life. Some of you will be happy about this – some of you won’t.… »»

Technology

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Aliens - Exclusion and expulsion - Power to detain and deport - Minister’s certificate - Review - Evidence

    In 2002, Harkat was detained pursuant to a ministerial security certificate issued under the Immigration and Refugee Protection Act (IRPA) as a person inadmissible to Canada on grounds ...

  • Contracts - Formation of contract - Signing - Electronic signature

    The plaintiff expressed an interest in purchasing the defendant’s (vendor’s) condo. The parties agreed to carry on their discussions through e-mail. Following an exchange of e-mails, the plaintiff claimed that the defendant was contractually bound to ...

  • Barristers and Solicitors - Relationship with client - Confidential communications - General

    The petitioner was a Receiver appointed in March 2009 by a California court over the assets of GJB Enterprises Inc. (a “Ponzi scheme”) and its principals, the Berkes (the GJB parties). The court ordered ...

  • Practice - Costs - Funding before judgment - When interim or advance costs available

    The plaintiffs were “direct to home” satellite based subscription program providers. Rex and other defendants offered “grey market” services to Canadian residents to facilitate the unauthorized reception in Canada of the plaintiffs’ ...

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.