Time, Temporality and Legal Judgment - 9781138324503

Taylor & Francis

This book challenges the correspondence theory of judicial fact construction \u2013 that legal rules resemble and subsume facts \u2018out there\u2019 \u2013 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.\n\nDrawing on Bergsonian and Gadamerian theories of time, this book details how certain adjudicative temporalities can produce fully willed and autonomous subjects through \u2018time framed\u2019 legal events \u2013 in effect, the paradigmatic liberal legal subject \u2013 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\u2019s production of temporalities. The second is that.