Temporalities Of Law Research Articles

Temporal geographies of premature death: Caste, law, and infrastructure in Swachh Bharat

Why do sewage and manual cleaning workers, who mostly belong to Dalit communities, die prematurely? In answering this question, I argue that the mutually reinforcing relationship between law and infrastructure enables their premature deaths. The gaps in law and those in urban sanitation infrastructure in India, combined with deeply entrenched Caste ethos, and the commodification of cleanliness, create conditions where the deaths of sewage workers are a regular occurrence. I situate deaths of sewage workers within the Clean India Campaign, a government program for clean public infrastructure and managing fecal matter to posit that the relentless pursuit of cleanliness results in its commodification, which in turn exacerbates the exploitation of the sewage cleaning workers.Using a theoretical lens drawn from Black studies and Dalit-Bahujan scholarship, I demonstrate that the temporality of law and infrastructure makes the cleaning workers invisible to the planners and implementers of the Clean India Campaign. Under such conditions, the cleaning workers gain recognition from law only when they die. Their appalling working conditions and the near absence of workplace protections hardly get any attention. It is only when they die that the law recognizes their personhood. I draw attention to how law and infrastructure influence each other and contribute to Black Studies and Dalit Studies by framing caste as racializing assemblages—contextualizing the temporal geographies of premature death and the role of infrastructures as an assemblage.

Temporality of law in light of axiology

The main point of that article is to consider the axiological aspect of legal temporality. The presupposition of authors is consideration of the legal framework as a specific type of social frameworks. The social temporality theory is applicable for characterizing the temporal modes of social reality. The category of time is discussed as a phenomenon determined by events in terms of the social temporality theory. The authors regard the category of legal time as a special kind of social time. Legal time becomes reality through rules of law, legal events and juridical facts. They function as reference points that shed light on the temporal processes in law. The category of legal time is essential for characterizing the specifics of legal relationships that remain fixed in the past, present and future. The kinds of time are of direct importance to law. These mentioned kinds exist in three temporal dimensions that are absolutes. The law links people and their destiny with the past, regulates the rules of conduct in the present and determines social changes in the future as well as what happens to a person possibly. Thus, the value of time and temporality determines the value of law. Consideration of legal time in the axiological dimension gives us possibility to overview the role of temporal factors in the formation and development of legal relationships.

Book Review: Danse Macabre: Temporalities of Law in the Visual Arts

Book Review: Danse Macabre: Temporalities of Law in the Visual Arts

Governing others: Anomaly and the algorithmic subject of security

AbstractAs digital technologies and algorithmic rationalities have increasingly reconfigured security practices, critical scholars have drawn attention to their performative effects on the temporality of law, notions of rights, and understandings of subjectivity. This article proposes to explore how the ‘other’ is made knowable in massive amounts of data and how the boundary between self and other is drawn algorithmically. It argues that algorithmic security practices and Big Data technologies have transformed self/other relations. Rather than the enemy or the risky abnormal, the ‘other’ is algorithmically produced as anomaly. Although anomaly has often been used interchangeably with abnormality and pathology, a brief genealogical reading of the concept shows that it works as a supplementary term, which reconfigures the dichotomies of normality/abnormality, friend/enemy, and identity/difference. By engaging with key practices of anomaly detection by intelligence and security agencies, the article analyses the materialisation of anomalies as specific spatial ‘dots’, temporal ‘spikes’, and topological ‘nodes’. We argue that anomaly is not simply indicative of more heterogeneous modes of othering in times of Big Data, but represents a mutation in the logics of security that challenge our extant analytical and critical vocabularies.

The violence of care: rape victims, forensic nurses, and sexual assault intervention

Contents Acknowledgments vii Introduction: Sexual Violence in the City 1 1. Hand of God: DNA and Victim Subjectivity in 37 Sexual Assault Intervention 2. Making Time: Temporalities of Law, Healing, and Sexual Violence 57 3. On Truth and Disgust: Managing Emotion in the Forensic 76 Intervention 4. Re/production: Articulating Paths to Healing and Justice 103 5. Facing Victims: Vision and Visage in the Forensic Exam 130 6. Documentary Agency: Institutional Dispositions toward 152 Gender and Rape Myths 7. There Is No Place Like Home: Home, Harm, and Healing 176 8. Patient and Victim Compliance: Drugs, AIDS, and Local 195 Geographies of Care Conclusion: We're Not There for the Victim: The Violence 217 of Forensic Care Notes 231 Bibliography 243 Index 267 About the Author 277

Trust and the temporalities of law

With a strong focus on social practices under plural legal conditions, the papers in this volume discuss how people operate within the various temporalities of law. The papers show that the competence to navigate the complex web of temporalities and legal orders is highly unequally distributed. Most papers in this volume testify to the stratifying implications of time when asymmetrically instrumentalised within the context of these social practices. The introduction discusses various classifications of time and argues that are important for analysing law's temporalities in the sense of the temporal validity of law, temporal aspects of legislation, decision making, and of evidence and causation. They serve to clarify that the nature of the problems differs depending on whether they arise from social or specific legal temporalities. The paper suggests studying not only temporalities of law but paying special attention to the temporalities within law. This is followed by a discussion of how law connect past, present and the future, with special attention to memories of the past. While the third section is devoted to problems that arise when law ‘borrows’ the temporalities of other disciplines, the fourth section deals with the contradictions and frictions arising from acceleration and hyperregulation. In the last section of this paper, speculations are made on how the issues analysed in this volume might affect uncertainty, risk and trust in law.

Embodied histories: exploring law's temporality in relation to land in Botswana

This paper addresses the temporalities of law in the context of everyday lives and people's access to and control over land in Botswana. Based on the life histories of two family groups, the Makokwes and the Radipatis, over several generations, it demonstrates how individuals’ access to resources alters and reconfigures in tune with household and family cycles across space and time, leading to varying life trajectories. These trajectories demonstrate how these related families come to experience different life worlds that have an impact on their access to and control over land. Such life histories are important because they foreground the ways in which what is happening in the present links back to the past and points forward to the future, in ways that undermine any notion of a unilinear development or concept of progress. They also highlight how life courses in the present have emerged from complex, past histories that have a bearing on their potential for future development. This produces very different experiences of temporality for individuals and families linked into the networks of which they form part. Such an approach reveals the temporalities of geometries of power and social relations, in which law plays an important role. These processes that are constantly in the making highlight the politically charged dynamics of time, space and place that provide both the limits and potential for action through multi-layered domains giving rise to differing understandings about the regulation of land in Botswana today.

Widerstreitende Temporalitäten: Recht in Zeiten des Risikos

Drawing on Niklas Luhmann’s systems theory, this article approaches the legal exception through an analysis of conflicting temporalities. According to Luhmann, each subsystem of society possesses a specific mode of relating to past and future events. Law has a specific temporality that is characterized by its orientation to the past: it deals with deeds done in light of laws already set in place. Luhmann suggests that considerations of future risks are at odds with the temporality of law. Following this idea, it will be argued that future orientated measures such as preventive detention and the doctrine of preemptive warfare introduce the legal exception into law itself. Both cases exhibit different rationalities of relating to an uncertain, potentially threatening futures that collide with law’s proper temporality. Whereas preventive detention relies on the 19th century idea of the probable crime as incorporated into a ‘dangerous individual’, the preemptive strike thrives on the post-probabilistic anticipation of the unexpected. Both measures indicate the erosion of law’s capacity to sustain an indifferent attitude towards the future. Consequently, both measures thwart law’s retroactivity, albeit in different ways. They articulate a counter-legal temporality within law – and thereby disrupt the legal system.

Sovereign Time, Storied Moments: The Temporalities of Law, Tradition, and Ethnography in Hopi Tribal Court

This article analyzes the temporalities that emerge in interactions before the tribal court of the Hopi Indian Nation. Particular attention will be paid to the interdiscursive strategies employed by courtroom interlocutors negotiating between adherence to Anglo‐legal notions of fact and norm, and the narratives of Hopi tradition regularly raised by litigants in property dispute hearings. It will be argued that such negotiations are at once central to the “sovereign time” that contemporary Hopi law instantiates for the Hopi Nation, but also stand in a complex relationship to the temporalities generated by the “storied moments” of Hopi litigants' tradition discourses. The effect is that these traditions get legally framed as sometimes near to, sometimes far from, the lives and times of Hopi people today. In conclusion, it will be suggested that similar tensions of norm and fact resound in certain critical assessments of anthropology in the 1980s and 1990s, particularly those that focus on the implicit orientations to time and temporality that rest at the heart of ethnography's representational practices and the authority they generate. [time; tradition; law; interdiscursivity; Hopi]

The lost temporality of law: An interview with pierre legendre

The lost temporality of law: An interview with pierre legendre