Rethinking Law as Process | Creativity, Novelty, Change | James MacLea

Book

Rethinking Law as Process

ABSTRACT

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

TABLE OF CONTENTS

chapter |6 pages

Introduction

part |1 pages

PART I Legal decision-making and legal reasoning

chapter 1|7 pages

Locating the problem in law: the conjoined twins case, Re A

chapter 2|31 pages

Justifying legal decisions in hard cases: diﬀerent approaches

part |1 pages

PART II Developing an alternative approach: the importance of process

chapter 3|15 pages

Alfred North Whitehead’s philosophy of organism

chapter 4|13 pages

Lessons from organisation theory

chapter 5|12 pages

Towards a process reconstrual of ‘the middle’

chapter 6|11 pages

Two ways of thinking; two types of knowledge

chapter 7|10 pages

Michael Polanyi’s ‘tacit knowledge’

part |1 pages

PART III Exploring formal legal contexts

chapter 8|14 pages

Legal institutional knowledge

chapter 9|12 pages

The judge as institutional actor and decision-maker

chapter 10|5 pages

Legal contexts as practices

chapter 11|10 pages

Chaos and complexity

chapter 12|17 pages

Closing the gap: narrative and the law

part |1 pages

PART IV Integrating law and process

chapter 13|16 pages

Law’s institutional becoming: creativity, novelty, change

chapter 14|8 pages

Law as process; legal decision-making as an actual occasion in concrescence