RETHINKIG LAW AS PROESSPDF电子书下载

Introduction 1

PART Ⅰ Legal decision-making and legal reasoning 7

1. Locating the problem in law: the conjoined twins case, Re A 9

2. Justifying legal decisions in hard cases: different approaches 16

PART Ⅱ Developing an alternative approach: the importance of process 47

3. Alfred North Whitehead's philosophy of organism 49

4. Lessons from organisation theory 64

5. Towards a process reconstrual of 'the middle' 77

6. Two ways of thinking; two types of knowledge 89

7. Michael Polanyi's 'tacit knowledge' 100

PART Ⅲ Exploring formal legal contexts 111

8. Legal institutional knowledge 113

9. The judge as institutional actor and decision-maker 127

10. Legal contexts as practices 139

11. Chaos and complexity 144

12. Closing the gap: narrative and the law 154

PART Ⅳ Integrating law and process 171

13. Law's institutional becoming: creativity, novelty, change 173

14. Law as process; legal decision-making as an actual occasion in concrescence 189

Conclusion 197

Bibliography 199

Index 205