Rethinking Law as Process

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

Auteur

James MacLean is Lecturer in Law at the University of Southampton, where he teaches legal reasoning and legal theory. He is co-editor of The Universal and the Particular in Legal Reasoning, a collection of essays on the work of the late Professor Sir Neil MacCormick.

Résumé
First published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.

Contenu

Introduction; Part 1 Legal Decision-Making and Legal Reasoning; Chapter 1 Locating the Problem in Law; Chapter 2 Justifying Legal Decisions in Hard Cases; Part 2 Developing an Alternative Approach: The Importance of Process; Chapter 3 Alfred North Whitehead's Philosophy of Organism; Chapter 4 Lessons from Organisation Theory; Chapter 5 Towards a Process Reconstrual of 'the Middle'; Chapter 6 Two Ways of Thinking; Two Types of Knowledge; Chapter 7 Michael Polanyi's 'tacit Knowledge'; Part 3 China's Social Future; Chapter 8 Legal Institutional Knowledge; Chapter 9 The Judge as Institutional Actor and Decision-Maker; Chapter 10 Legal Contexts as Practices; Chapter 11 Chaos and Complexity; Chapter 12 Closing the Gap; Part 4 Integrating Law and Process; Chapter 13 Law's Institutional Becoming; Chapter 14 Law as Process; Legal Decision-Making as an Actual Occasion in Concrescence;