Patrick Trudell writing as Zen Lawyer Seattle ([email protected]) posted “Lessons from Musashi-The Book of Water” on 24 January 2012. This post was preceded by Lessons from Musashi - The Book of Earth, and followed by Lessons from Musashi - The Book of Fire.
On January 24th I was speaking with Eric Wagner, a longtime friend who is also a fellow lawyer and life observer in Canada. I knew he had spent a number of years living in Japan and practicing Aikido. I asked him for his thoughts on the Book of Water post. He was generous with his comments. So much so that his remarks will cover three days and conclude with an article relevant to this topic recently posted in the Law Society of British Columbia's monthly publication called The Advocate.
Excerpts from Zen Lawyer Seattle will appear indented and italicized as befits quoting from a source. Wagner's comments follow each excerpt.
Part 2.
Purpose. “The martial arts [and trials] are not a game… . You must mean it when you strike… . If you do not, you will certainly get hurt. The only reason to draw your sword is to cut down the enemy.” Id. ad 31. The warrior/trial lawyer must “go straight to the heart of the matter… .” Id. at 33. Musashi teaches the main purpose of the warrior is to defeat the enemy. “Do not be side-tracked by the appearance of the enemy or yourself. Do not be conscious of the particular technique you will use. This causes hesitation. …” Id. “Your attack must be filled with conviction and purpose. In this way you defeat the enemy regardless of his abilities.” Id. Your attitude will be recognized by your opponent and he will prefer to fight someone else. Id.
As for “purpose” – it is not correct to say that the only reason to draw the sword is to cut down the enemy. Sometimes, it is done in order to see the “enemy’s” reaction and show a willingness to cut, so as to help with settlement. That is why setting mediation for a date just before one would start ramping up for trial is often much better than having mediation when no trial has been set. He says not to be conscious of the technique you will use. This is accurate in swordwork or any combat art. However, in law, one must be extremely conscious of the arguments and other techniques to be used. At the same time, though, one must avoid locking into a particular argument so as to blind oneself to developments in the case.
One of the very first Iaido moves one learns is to draw the sword in a horizontal motion in front of the other person’s eyes. The main intention is not to cut, but to cause the other person to blink, hesitate, or move in a particular way, thus setting the stage for the next move. Japanese castles are often designed so that one entrance/exit appears strong and important, so as to attract an attack, while a less obvious portal somewhere else allows troops to come forth and flank the attackers. The parallel in law is that sometimes, one makes an argument without there being a true intention for that argument to carry the day. It may be meant to create an environment where another argument or negotiation strategy will succeed.
Here’s an old Japanese story. One fellow bragged about the sharpness of his sword. He threw up a silk scarf into the air and as it fell, it cut itself in two. Another fellow put his sword into a stream and the leaves cut themselves as they passed over the sword. The third fellow (why is it always the third guy in these stories?) put his sword into the same stream and the leaves went around, unharmed. My preference is to develop the skills and stand like the sword in the water, so that conflict itself falls away rather than destroying anything. That is the teaching we get from Aikido.
If you haven’t tried Aikido, you may want to walk into a dojo and see if it holds anything for you.
Part 3 will conclude on Monday.
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