The Spatio-Temporality of Objectification in Legal Theory: Concepts of Legality between Theory and Practice

Abstract

This paper argues that concepts of legality in legal theory can be profitably understood as being underwritten by modes of spatio-temporal objectification. In the first part of the paper, a scheme of such modes is provided, and a map of jurisprudential inquiries is thereby offered. In the second part of the paper, two concepts of legality - underwritten by two different modes of spatio-temporal objectification - are analysed. The analysis shows how both concepts of legality lead to different sets of prescriptive resources as to the evaluation and design of legal systems. Finally, it is argued that the response of legal theory to practical challenges within the public sphere cannot afford to be based on any one concept of legality. Rather, we need to be pluralists about concepts of legality, recognising the limitations of any one such concept - represented, in this paper, by way of spatio-temporal objectification that underwrites those concepts. A crisis in legal theory cannot be claimed on the basis of any alleged lack of correspondence between any one concept of legality and reality. On the contrary, a crisis will ensue to the extent that legal theory becomes dominated by theoretical imperialism, namely, by the belief that any one concept of legality is capable of capturing the world as it is, and, therefore, also capable of standing as a foundation for a prescriptive agenda. The vice of theoretical imperialism induces anxiety over the identity of a discipline, and leads to a quelling of the very theoretical diversity that is required for an ethical response to the specific complexity of the public sphere.