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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Time, Temporality and Legal Judgment (Paperback)
Loot Price: R1,345
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Time, Temporality and Legal Judgment (Paperback)
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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.
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