Description
Taylor & Francis Ltd Time, Temporality And Legal Judgment by Tanzil Chowdhury
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._x000D_
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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.show more