When you read a programming manual, For Dummies or not, it typically states a set of design principles. Among these is the notion that code should flow cleanly, be organized, and to the extent that it is possible, tell the story of what’s going to happen if I compile the program. A contract is fundamentally no different, except the machine you’re compiling the program on is usually a court of law, regulatory schema, or (often) another body of code, like a default statutory scheme. The contract receives inputs and outputs results according to the scheme.

Obviously, the impact of a bug in a contract can have just as large a set of ramifications for everyone involved – you’re asking the courts to provide tech support. Not a good plan. And, just like programming languages, legalese can produce, promote, and sustain fictions (see, for example, Enron). The more creative the mind behind the code, the bigger the lie you can perpetuate. In programming, that equals awesome game experience. In law, often not as cool. On the other hand, the same capacity to exist in PretendTown allows you to duck some of the more egregious chunks of the American legal system. Creative Commons is, after all, nothing more than contracting around copyright law.

I think the metaphor has legs and want to try to document some examples as the year unfolds. If you’re a coder and want to contribute some particularly “narrative” code, I’ll try to come up with a complementary example in the world of legal drafting. In the meantime, let us all keep our code (and hands) squeaky clean.