Time Temporality And Legal Judgment

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Time, Temporality and Legal Judgment

Author : Tanzil Chowdhury
Publisher : Routledge
ISBN 13 : 0429834888
Total Pages : 159 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 159 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.

Law, Time and Historical Injustices

Author : Harison Citrawan
Publisher : Taylor & Francis
ISBN 13 : 1040268714
Total Pages : 250 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Law, Time and Historical Injustices by : Harison Citrawan

Download or read book Law, Time and Historical Injustices written by Harison Citrawan and published by Taylor & Francis. This book was released on 2024-12-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included and others are excluded within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice.

Queer Engagements with International Law

Author : Claerwen O'Hara
Publisher : Taylor & Francis
ISBN 13 : 1040165567
Total Pages : 336 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Queer Engagements with International Law by : Claerwen O'Hara

Download or read book Queer Engagements with International Law written by Claerwen O'Hara and published by Taylor & Francis. This book was released on 2024-10-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores times, spaces and imaginings relating to international law through the lens of queer theory. For some time now, queer theorists and legal scholars who think with queer theory have asked, what happens when queer theory moves out of its home base of gender and sexuality? The chapters in this book begin to answer this question by applying insights from queer theory to a diverse array of international law topics, from travaux préparatoires and international judging to the environment, oceans and outer space. While some contributions maintain a focus on gender and sexual diversity, all are characterised by a shift away from questions about LGBTIQA+ people towards wider discussions about power, normality, difference and liberation in international law. Through these engagements, the book demonstrates how queer theory can provide insights into a range of international law issues by allowing us to ‘make strange’ the taken-for-granted and contributing to a broader practice of reading for difference rather than dominance. The book engages with contemporary challenges in international law, from the climate crisis to new military technologies, such as automated naval vessels. It also showcases the diversity of approaches to queering international law that are emerging, with some authors drawing attention to the violence of (neo-)colonial international law and others engaging in more utopian and reparative thinking. This collection of queer theoretical engagements with international law will be invaluable to scholars of international law and international relations with an interest in critical approaches to these areas; as well as to researchers, activists and practitioners working in cultural, gender, queer and/or postcolonial studies.

Grasping Legal Time

Author : Martijn Stronks
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

Author : Maria Lee
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).

The Right to the Continuous Improvement of Living Conditions

Author : Jessie Hohmann
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

Author : Folúkẹ́ Adébísí
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

Author : Federico Fabbrini
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.

Law’s Memories

Author : Matt Howard
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.

Not What The Bus Promised

Author : Tamara Hervey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951512
Total Pages : 279 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Not What The Bus Promised by : Tamara Hervey

Download or read book Not What The Bus Promised written by Tamara Hervey and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK's post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors' work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among 'ordinary people', but the opposite from 'insider elites'. Not What The Bus Promised puts the authors' knowledge and experiences centre frame, rather than claiming to express 'objective reality'. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.

Child First

Author : Stephen Case
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.

Law, Memory, Violence

Author : Stewart Motha
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.

The Times and Temporalities of International Human Rights Law

Author : Kathryn McNeilly
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.

Subaltern Frontiers

Author : Thomas Cowan
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.

The Routledge Handbook of Philosophy and Improvisation in the Arts

Author : Alessandro Bertinetto
Publisher : Routledge
ISBN 13 : 100039784X
Total Pages : 1133 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The Routledge Handbook of Philosophy and Improvisation in the Arts by : Alessandro Bertinetto

Download or read book The Routledge Handbook of Philosophy and Improvisation in the Arts written by Alessandro Bertinetto and published by Routledge. This book was released on 2021-07-22 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, the notion of improvisation has enriched and dynamized research on traditional philosophies of music, theatre, dance, poetry, and even visual art. This Handbook offers readers an authoritative collection of accessible articles on the philosophy of improvisation, synthesizing and explaining various subjects and issues from the growing wave of journal articles and monographs in the field. Its 48 chapters, written specifically for this volume by an international team of scholars, are accessible for students and researchers alike. The volume is organized into four main sections: I Art and Improvisation: Theoretical Perspectives II Art and Improvisation: Aesthetical, Ethical, and Political Perspectives III Improvisation in Musical Practices IV Improvisation in the Visual, Narrative, Dramatic, and Interactive Arts Key Features: Treats improvisation not only as a stylistic feature, but also as an aesthetic property of artworks and performances as well as a core element of artistic creativity. Spells out multiple aspects of the concept of improvisation, emphasizing its relevance in understanding the nature of art. Covers improvisation in a wide spectrum of artistic domains, including unexpected ones such as literature, visual arts, games, and cooking. Addresses key questions, such as: - How can improvisation be defined and what is its role in different art forms? - Can improvisation be perceived as such, and how can it be aesthetically evaluated? - What is the relationship between improvisation and notions such as action, composition, expressivity, and authenticity? - What is the ethical and political significance of improvisation?

Time and Trace: Multidisciplinary Investigations of Temporality

Author : Sabine Gross
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: Time holds an enduring fascination for humans. Time and Trace investigates the human experience and awareness of time and time’s impact on a wide range of cultural, psychological, and artistic phenomena, from reproductive politics and temporal logic to music and theater, from law to sustainability, from memory to the Vikings. The volume presents selected essays from the 15th triennial conference of the International Society for the Study of Time from the arts (literature, music, theater), history, law, philosophy, science (psychology, biology), and mathematics. Taken together, they pursue the trace of time into the past and future, tracing temporal processes and exploring the traces left by time in individual experience as well as culture and society. Contributors are: Michael Crawford, Orit Hilewicz, Rosemary Huisman, John S. Kafka, Erica W. Magnus, Arkadiusz Misztal, Carlos Montemayor, Stephanie Nelson, Peter Øhrstrøm, Jo Alyson Parker, Thomas Ploug, Helen Sills, Lasse C. A. Sonne, Raji C. Steineck, and Frederick Turner.

Rhythm

Author : Conor Heaney
Publisher : Taylor & Francis
ISBN 13 : 100080402X
Total Pages : 123 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Rhythm by : Conor Heaney

Download or read book Rhythm written by Conor Heaney and published by Taylor & Francis. This book was released on 2022-10-25 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.