Temporal Boundaries of Law and Politics: Out of Joint

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Temporal Boundaries of Law and Politics: Out of Joint

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In the last decade, the changing role of time in society has taken centre stage in social theoretical and sociological debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. The way in which the experience, and acceleration, of time has influenced law and politics remains, however, underdeveloped; despite the fact that time is fundamental to the way in which law and politics function. How, for example, does society’s structural acceleration impact on justice? How does the judiciary cope with the demand for justice here and now? Do constitutions really offer stability and predictability in an ever changing global world? More generally, both law and politics employ time to order society but they are also limited in what can be effectuated by time. And is this 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.

Introduction: The Temporal Boundaries of Law and Politics, Luigi Corrias and Lyana Francot

Part I: Justice Judging the Past – Three different Values of Time, Antoine Garapon

Law at the Right Time: A Plea for Slow Law in Hasty Times, Bart van Klink

Law, Time, and Inhumanity: Reflections on the Imprescriptible, Luigi Corrias

Part II: Legal Certainty Social Acceleration and the Temporal Dimension of Law, Hartmut Rosa

"Suspended in Gaffa": Legal Tempi in Times of Social Acceleration, Lyana Francot

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: Purposiveness Informing Life: Temporal Politics of Information in the Administration of Pandemics, Sven Opitz

Collective Memory in The Functionally Differentiated System of Positive Law: On Symbolic Temporalization of Polity in Constitutional Law, Jiří Přibáň

Uncertain Futures, Executive Powers and Legal Protection, Bas Schotel