Time, temporality and legal judgment / Tanzil Chowdhury.
2020
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Details
Author
Title
Time, temporality and legal judgment / Tanzil Chowdhury.
Imprint
Abingdon, Oxon ; New York, NY : Routledge, 2020.
Copyright
©2020
Description
1 online resource (x, 160 pages)
Formatted Contents Note
The Polytemporalities of Law
Times Past and Future and the Forms of Adjudicative Temporalities
The Temporalities of Abstract Legal Judgment
The Temporalities of Concrete Legal Judgment
Adjudicative Temporalities and Judicial Fact Construction : A Case Law Analysis
Concluding Remarks
Times Past and Future and the Forms of Adjudicative Temporalities
The Temporalities of Abstract Legal Judgment
The Temporalities of Concrete Legal Judgment
Adjudicative Temporalities and Judicial Fact Construction : A Case Law Analysis
Concluding Remarks
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 fact construction through legally-produced times- or adjudicative temporalities- that structure legal subject and event formation in legal judgment. 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, producing 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 three fold. The first is that the selection between different adjudicative temporalities is generally indeterminate though influenced by wider social structures. As it 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 second 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, both through either its inclusion or elision of social structures in adjudication's determination of facts. The book will be of interest to students and scholars in the field of legal judgment, legal theory and jurisprudence"-- Provided by publisher.
Note
Based on author's thesis (doctoral - University of Manchester, 2016) issued under title: Toward a concrete temporality of adjudication : law's subject and event.
Source of Description
OCLC-licensed vendor bibliographic record.
Location
www
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9780429450839 electronic book
0429450834 electronic book
9780429834875 electronic book
042983487X electronic book
9780429834882 electronic book
0429834888 electronic book
9780429834899 electronic book
0429834896 electronic book
9781138324503 hardcover
0429450834 electronic book
9780429834875 electronic book
042983487X electronic book
9780429834882 electronic book
0429834888 electronic book
9780429834899 electronic book
0429834896 electronic book
9781138324503 hardcover
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