Time, temporality and legal judgment
- Full Title:
- Time, temporality and legal judgment
- Chowdhury, Tanzil.
- Statement of Responsibility:
- By Tanzil Chowdhury
- 172 p.
- This book challenges the correspondence theory of judicial fact construction – that legal rules resemble and subsume facts ‘out there’ – and instead provides an...
Summary:This book challenges the correspondence theory of judicial fact construction – that legal rules resemble and subsume facts ‘out there’ – and instead provides an account of judicial fact construction through legally produced times- or adjudicative temporalities- that structure legal subject and event formation in legal judgement. Drawing on Bergsonian and Gadamerian theories of time, this book details how certain adjudicative temporalities can produce fully willed and autonomous subjects through ‘time framed’ legal events – in effect, the paradigmatic liberal legal subject – or how alternative adjudicative temporalities may structure legal subjects that are situated and constituted by social structures. The consequences of this novel account of legal judgement are fourfold. The first is that judicial fact construction is not exclusively determined by the legal rule (s) but by adjudication’s production of temporalities. The second is that the selection between different adjudicative temporalities is generally indeterminate, though influenced by wider social structures. As will be argued, social structures, framed as a particular type of past produced by certain adjudicative temporalities, may either be incorporated in the rendering of the legal event or elided. The third is that, with the book’s focus on criminal law, different deployments of adjudicative temporalities effect responsibility ascription. Finally, it is argued that the demystification of time as that which structures event and subject formation reveals another way in which to uncover the politics of legal judgement and the potential for its transformative potential, through either its inclusion or its elision of social structures in adjudication’s determination of facts.
- • Introduction • Chapter 1- The Polytemporalities of Law • Chapter 2- Times Past and Future and the Forms of Adjudicative Temporalities • Chapter 3-...
Contents:• Introduction • Chapter 1- The Polytemporalities of Law • Chapter 2- Times Past and Future and the Forms of Adjudicative Temporalities • Chapter 3- The Temporalities of Abstract Legal Judgment • Chapter 4- The Temporalities of Concrete Legal Judgment • Chapter 5- Adjudicative Temporalities and Judicial Fact Construction: A Case Law Analysis • Concluding Remarks
- Publisher & Date:
- London ; New York : Routledge, 2020.
- Date of Publication:
- A 44.1
- 9781138324503 (hbk)
In the Library
|Call Number||Location||Availability||Description||Loan Type|
|A 44.1 Cho 2020||General collection||On Shelf||-||For regular loan|
In the Library
A 44.1 Cho 2020