Time Temporality And Legal Judgment

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Time, Temporality and Legal Judgment

Tanzil Chowdhury
Time Temporality and Legal Judgment Book PDF

Author : Tanzil Chowdhury
Publisher : Routledge
Page : 151 pages
File Size : 51,5 Mb
Release : 2020-05-25
Category : Education
ISBN : 9780429834882

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Time, Temporality and Legal Judgment by Tanzil Chowdhury Pdf

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. This book will be of interest to students and scholars in the field of legal judgement, legal theory and jurisprudence.

The Times and Temporalities of International Human Rights Law

Kathryn McNeilly,Ben Warwick
The Times and Temporalities of International Human Rights Law Book PDF

Author : Kathryn McNeilly,Ben Warwick
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 50,8 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509949922

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The Times and Temporalities of International Human Rights Law by Kathryn McNeilly,Ben Warwick Pdf

This collection brings together a range of international contributors to stimulate discussions on time and international human rights law, a topic that has been given little attention to date. The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses. A range of temporal ideas and their connection to this area of law are investigated. These include collective memory, ideas of past, present and future, emergency time, the times of environmental change, linearity and non-linearity, multiplicitous time, and the connections between time and space or materiality. Rather than a purely abstract or theoretical endeavour, this dedicated attention to the times and temporalities of international human rights law will assist in better understanding this law, its development, and its operation in the present. What emerges from the collection is a future – or, more precisely, futures – for time as a vehicle of analysis for those working within human rights law internationally.

Grasping Legal Time

Martijn Stronks
Grasping Legal Time Book PDF

Author : Martijn Stronks
Publisher : Cambridge University Press
Page : 127 pages
File Size : 44,7 Mb
Release : 2022-06-23
Category : Law
ISBN : 9781108835732

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Grasping Legal Time by Martijn Stronks Pdf

This book explores the double-edged role of time in the regulation of migration from legal, philosophical and socio-cultural perspectives.

Taking English Planning Law Scholarship Seriously

Maria Lee,Carolyn Abbot
Taking English Planning Law Scholarship Seriously Book PDF

Author : Maria Lee,Carolyn Abbot
Publisher : UCL Press
Page : 317 pages
File Size : 42,6 Mb
Release : 2022-10-24
Category : Law
ISBN : 9781800082885

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Taking English Planning Law Scholarship Seriously by Maria Lee,Carolyn Abbot Pdf

Planning is at the heart of the response to many of the significant challenges of our time, from the climate and environmental crises to social and economic inequalities. It is embedded in, as well as partially constituting, our democratic systems, so that the challenges of democratic decision-making in a complex society cannot be avoided when thinking about planning. Planning law raises some of the most fundamental questions faced by legal scholars, from the legitimacy of authority to the relationship between public and private rights and interests. And yet, planning law has been relatively neglected by legal scholars. The objective of Taking English Planning Law Scholarship Seriously is to create space for planning law scholarship in all of its variety, and for curiosity about law in all its complexity. The chapters reflect this diversity and complexity, covering a range of the objects of planning (from housing to energy to highways) and a multiplicity of planning tasks and tools (from compulsory purchase to contracting to planning inquiries).

The Right to the Continuous Improvement of Living Conditions

Jessie Hohmann,Beth Goldblatt
The Right to the Continuous Improvement of Living Conditions Book PDF

Author : Jessie Hohmann,Beth Goldblatt
Publisher : Bloomsbury Publishing
Page : 417 pages
File Size : 47,6 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781509947843

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The Right to the Continuous Improvement of Living Conditions by Jessie Hohmann,Beth Goldblatt Pdf

What does the right to the continuous improvement of living conditions in Article 11(1) of the International Covenant on Economic, Social and Cultural Rights really mean and how can it contribute to social change? The book explores how this underdeveloped right can have valuable application in response to global problems of poverty, inequality and climate destruction, through an in-depth consideration of its meaning. The book seeks to interpret and give meaning to the right as a legal standard, giving it practical value for those whose living conditions are inadequate. It locates the right within broader philosophical and political debates, whilst also assessing the challenges to its realisation. It also explores how the right relates to human rights more generally and considers its application to issues of gender, care and the rights of Indigenous peoples. The contributors deeply probe the meaning of 'living conditions', suggesting that these encompass more than the basic rights to housing, water, food, and clothing. The chapters provide a range of doctrinal, historical and philosophical engagements through grounded analysis and imaginative interpretation. With a foreword by Sandra Liebenberg (former Member of the UN Committee on Economic, Social and Cultural Rights), the book includes chapters from renowned and emerging scholars working across disciplines from around the world.

Decolonisation and Legal Knowledge

Folúkẹ́ Adébísí
Decolonisation and Legal Knowledge Book PDF

Author : Folúkẹ́ Adébísí
Publisher : Policy Press
Page : 204 pages
File Size : 48,9 Mb
Release : 2024-04-09
Category : Education
ISBN : 9781529219388

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Decolonisation and Legal Knowledge by Folúkẹ́ Adébísí Pdf

The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.

The Law and Politics of Brexit: Volume IV

Federico Fabbrini
The Law and Politics of Brexit Volume IV Book PDF

Author : Federico Fabbrini
Publisher : Oxford University Press
Page : 321 pages
File Size : 42,6 Mb
Release : 2022-05-31
Category : European Union countries
ISBN : 9780192863935

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The Law and Politics of Brexit: Volume IV by Federico Fabbrini Pdf

This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book -- which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States -- provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

Law’s Memories

Matt Howard
Law s Memories Book PDF

Author : Matt Howard
Publisher : Springer Nature
Page : 163 pages
File Size : 41,5 Mb
Release : 2022-12-02
Category : Social Science
ISBN : 9783031193880

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Law’s Memories by Matt Howard Pdf

This book discusses the relationship between law and memory and explores the ways in which memory can be thought of as contributing to legal socialization and legal meaning-making. Against a backdrop of critical legal pluralism which examines the distributedness of law(s), this book introduces the notion of mnemonic legality. It emphasises memory as a resource of law rather than an object of law, on the basis of how it substantiates senses of belonging and comes to frame inclusions and exclusions from a national community on the basis of linear-trajectory and growth narratives of nationhood. Overall, it explores the sensorial and affective foundations of law, implicating memory and perceptions of belonging within this process of creating legality and legitimacy. By identifying how memory comes to shape and inform notions of law, it contributes to legal consciousness research and to important questions informing much socio-legal research.

Child First

Stephen Case,Neal Hazel
Child First Book PDF

Author : Stephen Case,Neal Hazel
Publisher : Springer Nature
Page : 398 pages
File Size : 44,9 Mb
Release : 2023-03-19
Category : Social Science
ISBN : 9783031192722

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Child First by Stephen Case,Neal Hazel Pdf

This book explores the development and implementation of Child First as an innovative guiding principle for improving youth justice systems. Applying contemporary research understandings of what leads to positive child outcomes and safer communities, Child First challenges traditional risk-led and stigmatising approaches to working with children in trouble. It has now been adopted as the four-point guiding principle for all policy and practice across the youth justice system in England and Wales, it is becoming a key reform principle for youth justice in Northern Ireland, and it is increasingly influential across several western jurisdictions. With contributions from academics, policymakers and practitioners, this book critically charts the progress and challenges in establishing a progressive evidence-led youth justice system. Its dynamic and accessible integration of theory, research, policy and practice, alongside discussion of critical themes, makes it a key read for students on youth crime/justice modules and for a wider market. Stephen Case is Professor of Youth Justice in the Criminology, Sociology and Social Policy division at Loughborough University, UK. Neal Hazel is Professor of Criminology and Criminal Justice in the School of Health and Society at the University of Salford, UK.

Law, Memory, Violence

Stewart Motha,Honni van Rijswijk
Law Memory Violence Book PDF

Author : Stewart Motha,Honni van Rijswijk
Publisher : Routledge
Page : 254 pages
File Size : 42,9 Mb
Release : 2016-02-22
Category : Law
ISBN : 9781317569213

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Law, Memory, Violence by Stewart Motha,Honni van Rijswijk Pdf

The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

Subaltern Frontiers

Thomas Cowan
Subaltern Frontiers Book PDF

Author : Thomas Cowan
Publisher : Cambridge University Press
Page : 339 pages
File Size : 51,6 Mb
Release : 2022-09-30
Category : Political Science
ISBN : 9781009276375

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Subaltern Frontiers by Thomas Cowan Pdf

In urban and peri-urban areas across the Global South, politicians, planners and developers are engaged in a voracious scramble to refashion land for global real estate investment, and transfer state power to private sector actors. Much of this development has taken place on the outskirts of the traditional metropoles, in the territorially flexible urban frontier. At the forefront of these processes in India, is Gurgaon, a privately developed metropolis on the south-western hinterlands of New Delhi, that has long been touted as India's flagship neoliberal city. Subaltern Frontiers tells a story of India's remarkable urban transformation by examining the politics of land and labour that have shaped the city of Gurgaon. The book examines how the country's flagship post-liberalisation urban project has been shaped and filtered through agrarian and subaltern histories, logics, and subjects. In doing so, the book explores how the production of globalised property and labour in contemporary urban India is filtered through colonial instruments of land governance, living histories of uneven agrarian development, material geographies of labour migration, and the worldly aspirations of peasant-agriculturalists.

Law and Time

Sian Beynon-Jones,Emily Grabham
Law and Time Book PDF

Author : Sian Beynon-Jones,Emily Grabham
Publisher : Routledge
Page : 270 pages
File Size : 42,8 Mb
Release : 2018-09-21
Category : Law
ISBN : 9781351683746

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Law and Time by Sian Beynon-Jones,Emily Grabham Pdf

Research on law's relationship with time has flourished over the past decade. This edited collection aims to put law and time scholarship into wider context, advancing conversations on time and temporalities between socio-legal scholars, anthropologists, sociologists, geographers and historians. Through a diverse range of contributions, the collection explores how legal modalities of time emerge and have effects within wider clusters of social and political action. Themes include: law’s diverse roles in maintaining linear historicist models of time; law’s participation in the materialisation of times; and the unsteady effects of temporal pluralism and polytemporalities in law. De-naturalising the ‘time’ in law and time scholarship, this collection positions time as something that can be enacted and materialised as well as experienced, with distinct implications for questions of social justice.

Time and Trace: Multidisciplinary Investigations of Temporality

Sabine Gross,Steve Ostovich
Time and Trace Multidisciplinary Investigations of Temporality Book PDF

Author : Sabine Gross,Steve Ostovich
Publisher : BRILL
Page : 320 pages
File Size : 47,7 Mb
Release : 2016-04-08
Category : Science
ISBN : 9789004315723

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Time and Trace: Multidisciplinary Investigations of Temporality by Sabine Gross,Steve Ostovich Pdf

Scholars in the arts, the humanities, and the sciences offer a multi-faceted investigation of the fundamental human experience of temporality—from reproductive politics and temporal logic to music and theater, from law to sustainability, from memory to the Vikings.

Temporal Boundaries of Law and Politics

Luigi Corrias,Lyana Francot
Temporal Boundaries of Law and Politics Book PDF

Author : Luigi Corrias,Lyana Francot
Publisher : Routledge
Page : 210 pages
File Size : 53,8 Mb
Release : 2018-04-09
Category : Law
ISBN : 9781351103466

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Temporal Boundaries of Law and Politics by Luigi Corrias,Lyana Francot Pdf

In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.

Rhythm

Conor Heaney
Rhythm Book PDF

Author : Conor Heaney
Publisher : Taylor & Francis
Page : 123 pages
File Size : 47,6 Mb
Release : 2022-10-25
Category : Law
ISBN : 9781000804027

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Rhythm by Conor Heaney Pdf

This book analyses the conceptual and concrete relationships between rhythm and law. Rhythm is the unfolding of ordered and regulated movement. Law operates through the ordering and regulation of movement. Adopting a ‘rhythmanalytical’ perspective – which treats natural and social phenomena in terms of their rhythms, repetitions, motions, and movements – this book offers an account of how legal institutions and practices can be theorised and explained in terms of rhythm. It demonstrates how the category of rhythm has jurisprudential significance, from how Plato envisaged the functioning of the city-state, to the operation of the common law, as well as in our relationship to contemporary digital technology. In music, rhythm ‘orders’ the movement of sound, binding together the motions and vibrations of sound in such a way that is neither pure noise nor pure mechanics. In this way, rhythm can be deployed as a concept in the analysis of one of the central purposes of legal institutions and practices: to order the movements of bodies, whether the bodies of citizens in everyday life or of prisoners in rituals of punishment. This book engages with the mutual intersections and points of illumination between rhythm and law, such as ritual, measure, order, and change. This book is an experimental rhythmanalysis of law, offering conceptual and methodological starting points, as well as proposing directions that could be deployed in future research. It is aimed primarily at legal scholars intrigued by rhythmanalysis and rhythmanalysts more generally. This book will also be of interest to those in the fields of philosophy, political and legal theory, sociology, and other social sciences.