Process Theory

The work of several legal theorists and law professors defined a new method of looking at law. This school, a fairly recent newcomer, originated in the late 1940's as a natural outgrowth of the school of Legal Realism. This is Process Theory

Unfortunately, very little exists on the Internet regarding this school, which focuses upon the mechanism for creating law as means of understanding the law itself. Process Theorists reject the concept that judges simply apply the law and believe that the process by which law is formed is crucial. Control of the process, and in particular the ensuring of the use of logic in said process, creates good law. Failure to control or ensure logical conceptualization results in bad law.

Included here are the five people which are generally held to be responsible for the school of Process Theory, as well as an article

Article and major proponents of Process Theory

Can Process Theory Contain the Courts?

Henry Hart
Harold Lasswell
Myers McDougal
Albert Sacks
Herbert Wechsler

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This page last updated 3 May 2002 by John Stradling

Copyright John Stradling 2002. All rights reserved.