Most people engage in
litigation only once unless they have a very understanding spouse. At the
outset, there is a lot to be gained by reading the Art of War by Sun Tzu, which
is not only a manual of warfare, but a sage guide to engaging in conflicts both
business and personal.
For those potential litigants
who do not have the time to read the Art of War, here is the take home:
Twelve lessons for litigants from the Art of War by Sun Tzu
1. Do not first fight and then look for victory.
2. Supreme excellence consists in breaking the
enemy’s resistance without fighting, next attacking in the field, the worst
strategy is to besiege as prolonged warfare is expensive.
3. Rapidity is the essence of war, take advantage
of your enemy's unreadiness, march by unexpected routes and attack unguarded
spots.
4. The object of war is peace.
5. When attacking leave an outlet free to make
your enemy believe that there is still a safe road of escape as enemies in
desperate straits will show a lack of fear.
6. If the enemy has achieved an unassailable
height before you do, do not follow, but retreat and try to entice your enemy
away by threatening another place that he must relieve.
7. If his forces are united, separate them.
8. When faced with a superior enemy about to
attack, begin by seizing something your enemy holds dear and then he will be
amenable to your will (the “goolie manoeuvre”).
9. Devise unfathomable plans while knowing your
enemy’s disposition. Thereby, he must spread his resources whereas you can
attack at his weakest point in strength.
10. Win people over by kind treatment and use them
as spies, as intelligence is of utmost importance.
11. Warfare is based on deception, when able to
attack seem unable, when active seem inactive, pretend to be weak so he may
grow arrogant.
12. To begin by bluster and then take fright at the
enemy’s numbers shows a supreme lack of intelligence.
Having said that even a small
homily from Sun Tzu within marriage is dangerous
ground. For instance, it is
difficult to explain to a wife that the “object
of war is peace” especially where a daughter in law is concerned.
This is an extract from the
second edition of Unleashing the Dogs of Law which the author intends to get around to but for now the 1st
edition is not bad. Click here to view the 1st edition.
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