Are Rights Out of Time? International Human Rights Law, Temporality, and Radical Social Change

McNeilly, Kathryn

doi:10.1177/0964663918815729

Cited by 11 publications

(8 citation statements)

References 64 publications

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“…In paying empirical attention to the relation between legal practices of sorting time and the definition of violence, we can understand how the court closes off routes to alternative futures, thereby sustaining forms of structural violence. Nevertheless, law has the opportunity to sort and include temporality in a different way, leaving space for alternative ways of knowing or predicting the future (McNeilly, 2019). This subsection has therefore emphasized what is at stake in terrorism-financing proceedings, highlighting how empirical accounts of time can offer forms of legal resistance that create space for the inclusion of multiple pasts, presents and futures (McNeilly, 2019).…”

Section: Empirical Accounts Of Temporalitymentioning

confidence: 99%

“…Nevertheless, law has the opportunity to sort and include temporality in a different way, leaving space for alternative ways of knowing or predicting the future (McNeilly, 2019). This subsection has therefore emphasized what is at stake in terrorism-financing proceedings, highlighting how empirical accounts of time can offer forms of legal resistance that create space for the inclusion of multiple pasts, presents and futures (McNeilly, 2019).…”

Section: Empirical Accounts Of Temporalitymentioning

confidence: 99%

“…How can we understand the anticipatory urge to narrow legal definitions of terrorist violence, or the material or empirical realities in which violence takes multiple shapes? Building on contributions that highlight possibilities for resisting preemption (Dunn Cavelty et al, 2015) and linear productions of the future (McNeilly, 2019), I ask how temporalities might be constructed differently, in ways that might resist the narrow juridical construction of future terrorist violence.…”

Section: Introduction: a Day At The Courtmentioning

confidence: 99%

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Time will tell: Defining violence in terrorism court cases

Anwar

2021

Security Dialogue

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Calculating the potential risk of future terrorist violence is at the core of counter-terrorism practices. Particularly in court cases, this potential risk serves as legitimization for the preemptive criminalization of suspicious (financial) behaviour. This article argues that the preemptive temporality seen in such court cases is a practice of ‘sorting time’ and producing distinct legal definitions around future violence. Building on postcolonial and feminist scholarship on temporality, the article examines preemptive temporality as the material, embodied and multiple engagements with time that are enacted in terrorism court cases. Through the use of empirical data obtained from court observations, court judgements and interviews with legal practitioners, accounts of empirical temporalities are traced to illuminate other forms of violence that until now have been overshadowed by the dominant (and relatively unchallenged) perception of future terrorist threats that is enacted in the courtroom. In this way, the article makes two important contributions. First, it advances the theoretical debate on preemptive security through an examination of how legal and security practices co-produce temporality by defining future terrorist violence. Second, it contributes empirically by showing how temporality is constructed in multiple ways, paying specific attention to temporalities resisting dominating perceptions of future terrorist violence.

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Section: Empirical Accounts Of Temporalitymentioning

confidence: 99%

Section: Empirical Accounts Of Temporalitymentioning

confidence: 99%

Section: Introduction: a Day At The Courtmentioning

confidence: 99%

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Time will tell: Defining violence in terrorism court cases

Anwar

2021

Security Dialogue

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“…The social reality becomes comprehensible through legal concepts, legal norms and legal rules, persons at law and their interactions, legal relationships, legal duties, law-making, practices of law etc. Since the social reality is either accepted or rejected by social subject, it gets a correlation with the proper things [1]. Therefore, the axiological dimension is characterizing the legal framework, has a big importance to consider a social reality.…”

Section: Introductionmentioning

confidence: 99%

Temporality of law in light of axiology

et al. 2022

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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.

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“…Time, Temporality and Legal Judgment is the most recent contribution to what its author Tanzil Chowdhury describes as the ‘nascent “temporal turn” in socio-legal studies, legal anthropology and jurisprudence’ (2020: 145). Chowdhury is correct that socio-legal scholars have increasingly turned their attention to time and have begun to offer a range of new ways to understand law, legal processes, institutions and discourses through this lens (Beynon-Jones and Grabham, 2018; Grabham, 2016; Keenan, 2013; McNeilly, 2019; Mawani, 2014). This work has revealed a variety of ways in which law produces time and how legal times connect to the social (Greenhouse, 1989).…”

mentioning

confidence: 99%