The Art of Litigation - Sun Tzu's Art of War Applied to Litigation

Abstract

Sun Tzu's Art of War is a rich yet intricate book one ought to read at least once in his/her life. Although Sun Tzu provides a profoundly Eastern idea of strategic thinking, it nonetheless bears a sense of universalism, where we find that it could be applied to a variety of different fields all over the world. The Taoism, which imbues Sun Tzu’s ideas, is not insurmountable, it is certainly an intricate philosophy but it does offer food for thought. For lawyers, there is a lot to be gained intellectually from reading Sun Tzu. Beyond the mere litigation strategies and examples suggested in this paper, the latter seeks to ignite a more global reflection. By this I mean that this paper seeks to create a sort of Socratic maieutic in that it allows, by giving some tools for the understanding of Sun Tzu’s thought, to find with one’s own intellect new ideas, develop new methods, and strategies in litigation.