The study of insight in problem solving and creative thinking has seen an upsurge of interest in the last 30 years. Current theorising concerning insight has taken one of two tacks. The special-process view, which grew out of the Gestalt psychologists’ theorising about insight, proposes that insight is the result of a dedicated set of processes that is activated by the individual's reaching impasse while trying to deal with a problematic situation. In contrast, the business-as-usual view argues that insight is (...) brought about by the same processes that underlie ordinary thinking . Although those two views are typically treated as being in opposition, it has recently been proposed that a complete understanding of insight will require bringing together aspects of both views. The present paper carries that proposal further. Critical analysis of those two viewpoints demonstrates that each has a positive contribution to make to our understanding of insight, but also is.. (shrink)

It has long been recognized that court trials, both criminal and civil, in the common law system, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under (...) the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment. (shrink)

George P. Fletcher, With Justice for Some: Victims? Rights in Criminal Trials Reading, MA: Addison?Wesley Publishing Co., 1995, xi + 304 pp.

The target article examines the role of practice in the development of excellence in several domains that vary in the degree of innovation involved. The authors do not differentiate domains, but they discuss the development of specifically creative skills only in passing. This commentary presents evidence that practice plays a role in the development of musical composition, through an examination of the careers of Mozart and the Beatles.