Legal Mathods as a Creative Process

In the words of Ian McLeod, “….legal method provides a stimulating mixture of relatively abstract reasoning and the use of language in order to achieve practical results.” True to this statement, the subject of legal methods possesses an immense capacity for creativity, which is based mainly in the creation and interpretation of the language of law, as well as the resourcefulness and creative skills which one must possess in order to efficiently conduct and interpret legal research. Thus, by the views and standards set by McLeod, it is accurate to posit that the sphere of legal methods encompasses in its entirety not only the practical aspect of legal research, which is the location of legal materials, but also the more prominent aspects of the law, including the conceptualization and formulation of legislation as well as the compilation of the ‘language of judicial decision’ (See McLeod, Ian: Legal Method), which all contribute to the creative nature of the law itself.

According to scholar Robert Blomquist, “In most cultural contexts creativity is viewed as an unalloyed virtue. Law is different...” Indeed, it can be said that legal creativity differs immensely from traditional creativity, as it requires an entirely separate category of skills ranging from mastery of the written and oral manipulation of the English language to creativity when analysing a situation and conceptualizing legislation to suit the circumstances. These skills are cumulative in nature, and are honed with practise, eventually culminating in increased efficiency and proficiency in all legal undertakings. In this regard, creativity is viewed as a commodity that is developed over time, unlike traditional creativity which is inherent and cannot be learned or unlearned.

Additionally, creativity in terms of legal methods can be viewed as the ability to formulate and compile legal jargon that directly relate to particular legal situations. This is especially relevant in the discussion of legal...