Final answer:
Blumberg describes the practice of law as a 'dilemma,' drawing a parallel to the prisoner's dilemma to highlight how the adversarial legal process often involves plea bargaining and an appearance of conflict where cooperation is actually taking place.
Step-by-step explanation:
Blumberg (1969) refers to the legal system and the practice of law as a “dilemma”, drawing on the classic example of the prisoner's dilemma to illustrate how prosecutors and defense attorneys often engage in plea bargaining, thereby appearing as adversaries when in reality they are collaborating to achieve a mutual benefit.
This process, part of the adversarial judicial system, typically involves the defendant agreeing to plead guilty to lesser charges or receive a lighter punishment in exchange for waiving the right to a trial and sometimes the right to an appeal as seen in the Glasser v. United States case.
By doing so, the legal system seeks efficiency by resolving cases without trial, yet this can lead to concerns about whether justice is truly being served, as the harmony ideology perpetuated in legal settlements can favor the interests of larger entities over individual complainants.