The Turn to Process: American Legal, Political, and Economic Thought, 1870-1970

The Turn to Process by Kunal M. Parker explores the shift in American legal, political, and economic thinking from truth-based to process-based, resulting in a focus on legal procedure and governance techniques without a grounding in human behavior. This transformation is linked to the philosophical crisis of modernism and the rise of the administrative state.

Format: Paperback / softback
Length: 346 pages
Publication date: 16 November 2023
Publisher: Cambridge University Press

Between 1870 and 1970, a significant shift occurred in American legal, political, and economic thinking, known as the "Turn to Process." This transformation saw a departure from the traditional focus on truths, ends, and foundations, towards an emphasis on methods, processes, and techniques. The concept of law, once regarded as grounded in justice and morality, became a means of achieving certain outcomes through legal procedures. Similarly, democracy, once rooted in the people, transformed into a governance technique characterized by an ongoing process of interaction among various groups. The intellectual and political techniques that emerged during this period, such as libertarianism and Marxism, were detached from the realities of human behavior, lacking a solid foundation in empirical evidence. This shift can be attributed to the philosophical crisis of modernism and the growth of the administrative state.

Kunal M. Parker's book, "The Turn to Process," delves into this profound transformation, providing a comprehensive analysis of the changes that occurred during this period. Parker explores how American legal, political, and economic thinking shifted from being oriented around fixed principles to being more flexible and adaptable. He argues that this shift was driven by a variety of factors, including the rise of scientific management, the expansion of government bureaucracy, and the increasing influence of social science theories on legal and political thought.

One of the key themes of Parker's book is the notion that law has become more instrumental and less normative. In the past, law was seen as a set of principles that guided human behavior and served as a means of promoting justice and equality. However, during the "Turn to Process," law was reconceived as a tool for achieving specific objectives and managing social relations. This shift led to the development of legal doctrines that prioritized efficiency, predictability, and control over the pursuit of justice and morality.

Another significant aspect of the "Turn to Process" is the transformation of democracy. Traditionally, democracy was seen as a system of government that was based on the participation of the people and the protection of individual rights. However, during the "Turn to Process," democracy was reconceived as a technique of governance that consisted of an endless process of interacting groups and institutions. This shift led to the emergence of new forms of democracy, such as deliberative democracy and participatory democracy, which aimed to involve citizens more actively in the decision-making process.

The "Turn to Process" also had profound implications for the economy. In the past, economic thinking was largely based on the principles of classical economics, which emphasized the role of markets and individual actors in determining economic outcomes. However, during the "Turn to Process," economic thinking shifted towards a more interventionist approach, where government played a more active role in regulating and managing the economy. This shift led to the development of new economic policies, such as Keynesianism and Marxism, which aimed to address economic inequality and promote social welfare.

Despite the many positive aspects of the "Turn to Process," it also had some negative consequences. One of the criticisms of this shift is that it led to a loss of faith in traditional institutions and values. As law became more instrumental and less normative, it became less accountable to the people and more susceptible to the influence of powerful interests. Similarly, as democracy became more of a technique of governance, it lost its connection to the values of democracy, such as individual rights and the rule

In conclusion, the "Turn to Process" was a significant shift in American legal, political, and economic thinking that occurred between 1870 and 1970. This shift saw a departure from the traditional focus on truths, ends, and foundations towards an emphasis on methods, processes, and techniques. The concept of law became more instrumental and less normative, while democracy transformed into a technique of governance characterized by an ongoing process of interaction among various groups. The intellectual and political techniques that emerged during this period were detached from the realities of human behavior, lacking a solid foundation in empirical evidence. This shift can be attributed to the philosophical crisis of modernism and the growth of the administrative state. While the "Turn to Process" had many positive aspects, it also had some negative consequences, such as a loss of faith in traditional institutions and values. It is important to recognize the strengths and weaknesses of this shift and to work towards a more balanced and sustainable approach to law, democracy, and the economy that is grounded in the principles of justice, morality, and empirical evidence.

ISBN-13: 9781009335232