Temporal Boundaries of Law and Politics: Time Out of Joint, 1st Edition (Hardback) book cover

Temporal Boundaries of Law and Politics

Time Out of Joint, 1st Edition

Edited by Luigi Corrias, Lyana Francot

Routledge

210 pages

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pub: 2018-03-12
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Description

In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.

Table of Contents

Part I: Justice

Chapter 1

Judging the Past: Three Ways of Understanding Time

Antoine Garapon

Chapter 2

Law at the Right Time: A Plea for Slow Law in Hasty Times

Bart van Klink

Chapter 3

Law, Time, and Inhumanity: Reflections on the Impresciptible

Luigi Corrias

 

Part II: Legal Certainty

 

Chapter 4

Airports Built on Shifting Grounds? Social Acceleration and the Temporal Dimension of Law

Hartmut Rosa

Chapter 5

Suspended in Gaffa: Legal Slowness in the Acceleration Society

Lyana Francot

Chapter 6

Uncertain Futures and the Problem of Constraining Emergency Powers: Temporal Dimensions of Carl Schmitt’s Theory of the State of Exception

Marc de Wilde

Chapter 7

Constitutional Preambles and the Uncertain Future

Nomi Claire Lazar

 

Part III: Expediency

 

Chapter 8

Collective Memory, Constitutional Polity and Functional Differentiation of Modern Society

Jiri Priban

Chapter 9

Informing Life: Temporal Politics of Information in the Administration of Pandemics

Sven Opitz

Chapter 10

Immediacy, Potentia and Constraining Emergency Powers

Bas Schotel

About the Editors

Luigi Corrias is Assistant Professor of Legal Philosophy, Vrije Universiteit Amsterdam.

Lyana Francot is Associate Professor of Legal Theory, Vrije Universiteit Amsterdam.

About the Series

Law and Politics

Continental Perspectives

A core legacy of the Continental juridico-political tradition is the methodological commitment to the idea that law and politics are inextricably tied to one another. On the one hand, law has to be studied in the light of the concrete political dynamics, social forces, and societal movements that make law what it is. On the other hand, the analysis of political processes should be coupled with the study of the legal techniques through which politics exerts its effects on social reality.
The series aspires to promote works that use the nexus 'law & politics' as a prism that allows understanding societal dynamics beyond the deep-seated borders separating purely legal from purely political methodologies. It welcomes theoretically informed and empirically grounded analyses that foster the development of theory in the study of juridico-political processes.

The qualifier 'Continental' signifies not so much a geographical or socio-historical feature as a methodological one. The approach that the series aims to promote, regardless of the nationality of prospective authors, materializes at the intersection between the vocabularies and methodologies of legal and political theories. In other words, the starting point of this approach is that the interplay between legal and political processes provides a precious lens to observe and comprehend contemporary societal phenomena.

More specifically, submissions exploring the following themes are welcomed:

  • The relationship between the legal and the political spheres from a theoretical, historical and/or empirical point of view.
  • The transformation of sovereignty.
  • The transformation of the state and the rise of non-state political and organizational structures that break the ties with modern statehood.
  • Exceptionalism and emergency at the domestic and/or the global level.
  • The downfall of conventional juridico-political binaries: public/private, state/civil society, domestic/international, religious/secular and others.
  • Current transformations of formal constitutions and the separation of powers.
  • Issues related to the increasing spread of legal pluralism and global legal pluralism.
  • Strategies and politics of legal elites and the new role of judicial bodies both nationally and internationally.
  • Analyses of key Continental authors who have brought to light the materiality of the law, such as Giorgio Agamben, Hannah Arendt, Jacques Derrida, Michel Foucault, Hans-Georg Gadamer, Marcel Gauchet, Antonio Gramsci, Jurgen Habermas, Reinhart Koselleck, Antonio Negri, Carl Schmitt and others.
  • Analyses of key Continental "classics" whose voice is unheard or underrepresented in the Anglophone academic and publishing environment, such as Walter Benjamin, Leon Duguit, Georges Gurvitch, Maurice Hauriou, Hermann Heller, Georg Jellinek, Ernst Junger, Costantino Mortati, Georges Renard, Santi Romano, Rudolf Smend, Simone Weil and others.

This interdisciplinary series welcomes monographs and edited volumes that engage with the conceptual and empirical questions detailed above and discussions of how the contamination of jurisprudential and theoretical-political approaches helps illuminate current national and global processes.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW052000
LAW / Jurisprudence
PHI005000
PHILOSOPHY / Ethics & Moral Philosophy
PHI019000
PHILOSOPHY / Political
PHI040000
PHILOSOPHY / Movements / Critical Theory
PHI043000
PHILOSOPHY / Movements / Post-Structuralism
POL010000
POLITICAL SCIENCE / History & Theory