Year: 2008
Type: article
Abstract: Temporality is an integral part of law.But the legal commentary offers no analytical model to explore the fusion of law and temporality.This article proposes such a model and presents the four general principles of law's temporality.First, the principle of temporal correlation provides legally significant inferences.Although temporality per se is not the agent of change, events that occur within a short duration of time are presumed to be causally related.Second, the principle of temporal inertia carries the dynamics of normative change and stability.It illustrates the doctrine of precedent and prohibitive injunctions as manifestations of temporal inertia.Third, the principle of temporal triggers elucidates how law uses the point in time (t) and duration (At) to both allocate and terminate powers, rights, and obligations.These time triggers, though arbitrary, contribute convenience and efficiency to the management of legal affairs.Finally, the principle of temporal cooperation delineates time-sharing, which enhances productivity and the utilization of assets.A workplace fortified with sovereign spatiotemporal borders may increase employee coordination and output, but cooperative flextime enmeshes work with socially gratifying lives.The framework of four principles invites lawyers, scholars, and judges to further explore the union between law and temporality.1. Carol J. Greenhouse, Just in Time: Temporality and Cultural Legitimation of Law, 98 YALE L.J. 1631, 1631 (1989).2. See Graves v. Diehl, 958 S.W.2d 468, 470-71 (Tex.Ct.App.1997) (stating that a conditional sale transfers possession of the property to the purchaser but the title remains in the seller until the purchase price is paid in full).3. See, e.g., William N. Eskridge, Jr. & Philip P. Frickey, Foreword: Law as Equilibrium, 108 HARV.L. REV. 26, 63-64 (1994) (pointing out the misapplication of the limitation period).4. V. F. Nourse, Self-Defense and Subjectivity, 68 U. CHI.L. REV.1235, 1243-44 (2001) (noting that time carries meaning in criminal law, particularly in the law of murder and self-defense).
Author: Ali Khan
Institution: Washburn University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7004682774