Part 1: Legal Decision Making and Legal Reasoning 1. Locating the Problem in Law: The Conjoined Twins Case, Re A 2. Justifying Legal Decisions in Hard Cases: Different Approaches Part 2: Developing an Alternative Approach 3. Alfred North Whitehead's Philosophy of Organism 4. Lessons From Organization 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 3: 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 4: Integrating Law and Process 13. Law’s Institutional Becoming: Law as Process – Creativity, Novelty, Change. 14. Law as Process; Legal Decision Making as an Actual Occasion in Concrescence. Conclusion
Biography
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.
