ABSTRACT
The differences at trial and appeal in the exemplar judgement was read, in the introduction, as manifestations of contrasting adjudicative temporalities rather than the straight application of the rules to corresponding fact. This chapter explores an expansive field of contrasting intellectual traditions, and seeks to use these as a way to observe the different forms of adjudicative temporalities. It explores the post-Romantic shift in Hermeneutics as articulated by Hans-Georg Gadamer and his work on ‘effective historical consciousness’. Hans-Georg Gadamer’s hermeneutics provides another form of adjudicative temporality, likened to Bergsonian duree that necessarily underwrites exercises of interpretation within the confines of an all-encompassing past. In Kevat Nousiainen’s paper, in addition to briefly outlining Henri Bergson’s duree as experiential time, she makes reference to his excoriating critique of Kant’s concept of time, in which Bergson accuses him of ‘spatialising temporality’. Gadamerian hermeneutics can tell us much about the forms of other adjudicative temporalities.
