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Book Cover
E-book
Author MacLean, James

Title Rethinking Law as Process : Creativity, Novelty, Change
Published Hoboken : Taylor & amp ; Francis, 2012

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Description 1 online resource (216 pages)
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
Summary Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making
Notes Print version record
Subject Law -- Philosophy.
Law -- Methodology.
Process philosophy.
process philosophy.
Law -- Methodology
Law -- Philosophy
Process philosophy
Form Electronic book
ISBN 9780203813126
020381312X