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Title: Skills, habits and expertise in the life of the law
Author: Soosay, S.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2006
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With this project, I have set out to fashion an alternative to the dominant model of action and decision-making currently applied within legal thinking. In the dominant model, human agents are thought to act always in a self-conscious, deliberative manner. Within legal thinking, this translates into a view of ordinary citizens and judges always approaching the law with the law itself very much in mind. In practice, however, our experience contradicts this. As we move through the world, more often than not we do so in an unthinking, habitual manner. This is true even of judges, who appear to rely on experience and intuition much more than they do self-conscious, deliberative thinking. With this in mind, I have sought a model which places more emphasis on the unconscious processes which precede our self-conscious experience. With research material drawn from a range of fields, including linguistics, cognitive science, psychology, neuroscience, philosophy and artificial intelligence, the resulting model builds around the way in which the process responsible for consciousness operates primarily by acquiring embodied skills and habits. With this background in place, I go on to present a portrait of the law which is embodied rather than disembodied, and experiential rather than abstract and logical.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available