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Rethinking Law as Process - Creativity, Novelty, Change (Paperback)
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Rethinking Law as Process - Creativity, Novelty, Change (Paperback)
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Rethinking Law as Process draws on insights from 'process
philosophy' in order to rethink the nature of legal
decision-making. While there have been significant developments in
the application of 'process' thought across a number of
disciplines, little notice has been taken of Whiteheadian
metaphysics in law. Nevertheless, process thought offers
significant opportunities for serious inquiry into the nature of
legal reasoning and the practical application of law. Focusing on
the practices of organising, rather than their effects, an
increased processual awareness re-orients understanding away from
the mechanistic and rationalist assumptions of Newtonian thought,
and towards the interminable ontological quest to arrest or to
classify the essentially undivided flow of human experience.
Drawing together insights from a number of different fields, James
Maclean argues that it is because our inherited conceptual
framework is tied to a 'static' way of thinking that every attempt
to offer justifying reasons for legal decisions appears at best to
register only at the level of explanation. Rethinking Law as
Process resolves this problem, and so provides a more adequate
description of the nature of law and legal decision-making, by
repositioning law within a thoroughly processual world-view, in
which there is only the continuous effort to refine and to redefine
the continuous flux of legal understanding.
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