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
Judging the Past: Three Ways of Understanding Time
Law at the Right Time: A Plea for Slow Law in Hasty Times
Bart van Klink
Law, Time, and Inhumanity: Reflections on the Impresciptible
Part II: Legal Certainty
Airports Built on Shifting Grounds? Social Acceleration and the Temporal Dimension of Law
Suspended in Gaffa: Legal Slowness in the Acceleration Society
Uncertain Futures and the Problem of Constraining Emergency Powers: Temporal Dimensions of Carl Schmitt’s Theory of the State of Exception
Marc de Wilde
Constitutional Preambles and the Uncertain Future
Nomi Claire Lazar
Part III: Expediency
Collective Memory, Constitutional Polity and Functional Differentiation of Modern Society
Informing Life: Temporal Politics of Information in the Administration of Pandemics
Immediacy, Potentia and Constraining Emergency Powers
Luigi Corrias is Assistant Professor of Legal Philosophy, Vrije Universiteit Amsterdam.
Lyana Francot is Associate Professor of Legal Theory, Vrije Universiteit Amsterdam.