I get to spend a lot of time with software engineers and we often compare legal drafting (laws and contracts) with software code. These disciplines are closer to each other than what you may think.
In a recent discussion with a friend about a complex contract, I was pointing at how multiple conditional provisions were badly interacting with each. My friend – who is an engineer and a business owner – explained me that software engineers used to experience similar issues with engangled loops and conditions, and found methods to mitigate them by switching from “imperative programming” to “declarative programming”.
From what they claim, declarative programming allows the code to be comparatively more concise and easier to read, maintain and reuse. These promises cannot leave a contract lawyer indifferent, so I wanted to give declarative drafting a try.Continue reading