Rethinking law as process : creativity, novelty, change / James MacLean.

Format:

Book

Author/Creator:

Maclean, James.

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Law--Methodology.

Process philosophy.

Physical Description:

1 online resource (216 p.)

Edition:

1st ed.

Place of Publication:

Milton Park, Abingdon, Oxon ; New York : Routledge, 2012.

Language Note:

English

Summary:

Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.

Contents:

Front Cover; Rethinking Law as Process; Copyright Page; Contents; Acknowledgements; List of abbreviations; Introduction; Part I: Legal decision-making and legal reasoning; 1. Locating the problem in law: the conjoined twinscase, Re A; 2. Justifying legal decisions in hard cases: different approaches; Part II: Developing an alternative approach: the importance of process; 3. Alfred North Whitehead's philosophy of organism; 4. Lessons from organisation theory; 5. Towards a process reconstrual of 'the middle'; 6. Two ways of thinking; two types of knowledge

7. Michael Polanyi's 'tacit knowledge'Part III: Exploring formal legal contexts; 8. Legal institutional knowledge; 9. The judge as institutional actor and decision-maker; 10. Legal contexts as practices; 11. Chaos and complexity; 12. Closing the gap: narrative and the law; Part IV: Integrating law and process; 13. Law's institutional becoming: creativity, novelty, change; 14. Law as process; legal decision-making as an actual occasion inconcrescence; Conclusion; Bibliography; Index

Notes:

"A Glasshouse book".

Includes bibliographical references and index.

ISBN:

1-136-69776-4

1-280-68419-4

9786613661135

0-203-81312-X

1-136-69777-2

9780203813126

OCLC:

804664032