Time, Temporality and Legal Judgment

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Author :
Publisher : Routledge
ISBN 13 : 0429834888
Total Pages : 151 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Time, Temporality and Legal Judgment by : Tanzil Chowdhury

Download or read book Time, Temporality and Legal Judgment written by Tanzil Chowdhury and published by Routledge. This book was released on 2020-05-25 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509949925
Total Pages : 256 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Times and Temporalities of International Human Rights Law by : Kathryn McNeilly

Download or read book The Times and Temporalities of International Human Rights Law written by Kathryn McNeilly and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Time

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Publisher : Routledge
ISBN 13 : 1351683748
Total Pages : 270 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Law and Time by : Sian Beynon-Jones

Download or read book Law and Time written by Sian Beynon-Jones and published by Routledge. This book was released on 2018-09-21 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Grasping Legal Time

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Publisher : Cambridge University Press
ISBN 13 : 1108888828
Total Pages : 127 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Grasping Legal Time by : Martijn Stronks

Download or read book Grasping Legal Time written by Martijn Stronks and published by Cambridge University Press. This book was released on 2022-06-23 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time is one of the most important means for the exercise of power. In Migration Law, it is used for disciplining and controlling the presence of migrants within a certain territory through the intricate interplay of two overlapping but contradicting understandings of time – human and clock time. This book explores both the success and limitations of the usage of time for the governance of migration. The virtues of legal time can be seen at work in several temporal differentiations in migration law: differentiation based on temporality, deadlines, qualification of time and procedural differentiation. Martijn Stronks contests that, hidden in the usage of legal time in Migration Law, there is an argument for the inclusion of migrants on the basis of their right to human time. This assertion is based in the finite, irreversible and unstoppable character of human time.

Taking English Planning Law Scholarship Seriously

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Publisher : UCL Press
ISBN 13 : 1800082886
Total Pages : 317 pages
Book Rating : 4.8/5 ( download)

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Book Synopsis Taking English Planning Law Scholarship Seriously by : Maria Lee

Download or read book Taking English Planning Law Scholarship Seriously written by Maria Lee and published by UCL Press. This book was released on 2022-10-24 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

International Law's Invisible Frames

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Publisher : Oxford University Press
ISBN 13 : 0192847538
Total Pages : 337 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis International Law's Invisible Frames by : Andrea Bianchi

Download or read book International Law's Invisible Frames written by Andrea Bianchi and published by Oxford University Press. This book was released on 2021 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative edited collection uncovers the invisible frames which form our understanding of international law. Taking an interdisciplinary approach, it investigates how social cognition and knowledge production processes affect decision-making, and inform unquestioned beliefs about what international law is, and how it works.

The Right to the Continuous Improvement of Living Conditions

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509947841
Total Pages : 417 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Right to the Continuous Improvement of Living Conditions by : Jessie Hohmann

Download or read book The Right to the Continuous Improvement of Living Conditions written by Jessie Hohmann and published by Bloomsbury Publishing. This book was released on 2021-10-21 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Policy Press
ISBN 13 : 1529219388
Total Pages : 204 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Decolonisation and Legal Knowledge by : Folúkẹ́ Adébísí

Download or read book Decolonisation and Legal Knowledge written by Folúkẹ́ Adébísí and published by Policy Press. This book was released on 2024-04-09 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Oxford University Press
ISBN 13 : 0192863932
Total Pages : 321 pages
Book Rating : 4.1/5 (928 download)

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

Download or read book The Law and Politics of Brexit: Volume IV written by Federico Fabbrini and published by Oxford University Press. This book was released on 2022-05-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Words, Objects and Events in Economics

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Publisher : Springer Nature
ISBN 13 : 3030526739
Total Pages : 236 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Words, Objects and Events in Economics by : Peter Róna

Download or read book Words, Objects and Events in Economics written by Peter Róna and published by Springer Nature. This book was released on 2020-09-03 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines from a variety of perspectives the disappearance of moral content and ethical judgment from the models employed in the formulation of modern economic theory, and some of the papers contain important proposals about how moral judgment could be reintroduced in economic theory. The chapters collected in this volume result from the favorable reception of the first volume of the Virtues in Economics series and represent further contributions to the themes set out in that volume: (i) examining the philosophical and methodological fallacies of this turn in modern economic theory that the removal of the moral motivation of economic agents from modern economic theory has entailed; and (ii) proposing a return descriptive economics as the means with which the moral content of economic life could be restored in economic theory. This book is of interest to researchers and students of the methodology of economics, ethics, philosophers concerned with agency and economists who build economic models that rest in the intention of the agent.

Law’s Memories

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Publisher : Springer Nature
ISBN 13 : 3031193881
Total Pages : 163 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Law’s Memories by : Matt Howard

Download or read book Law’s Memories written by Matt Howard and published by Springer Nature. This book was released on 2022-12-02 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Springer Nature
ISBN 13 : 3031192729
Total Pages : 398 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Child First by : Stephen Case

Download or read book Child First written by Stephen Case and published by Springer Nature. This book was released on 2023-03-19 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Being and Time

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Publisher : SUNY Press
ISBN 13 : 9780791426777
Total Pages : 520 pages
Book Rating : 4.4/5 (267 download)

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Book Synopsis Being and Time by : Martin Heidegger

Download or read book Being and Time written by Martin Heidegger and published by SUNY Press. This book was released on 1996-01-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new, definitive translation of Heidegger's most important work.

Law, Memory, Violence

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Publisher : Routledge
ISBN 13 : 1317569210
Total Pages : 254 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Law, Memory, Violence by : Stewart Motha

Download or read book Law, Memory, Violence written by Stewart Motha and published by Routledge. This book was released on 2016-02-22 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Cambridge University Press
ISBN 13 : 1009276379
Total Pages : 339 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Subaltern Frontiers by : Thomas Cowan

Download or read book Subaltern Frontiers written by Thomas Cowan and published by Cambridge University Press. This book was released on 2022-09-30 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Letters of the Law

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Publisher : Stanford University Press
ISBN 13 : 0804795010
Total Pages : 184 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Letters of the Law by : Sora Y. Han

Download or read book Letters of the Law written by Sora Y. Han and published by Stanford University Press. This book was released on 2015-05-05 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmark features of the post–civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality—spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle.

Time and Trace: Multidisciplinary Investigations of Temporality

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Author :
Publisher : BRILL
ISBN 13 : 9004315721
Total Pages : 320 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Time and Trace: Multidisciplinary Investigations of Temporality by : Sabine Gross

Download or read book Time and Trace: Multidisciplinary Investigations of Temporality written by Sabine Gross and published by BRILL. This book was released on 2016-04-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.