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The success of legal time is to be found in its exterior and standardized character. In this chapter, it argued on the basis of Heidegger and Bergson that such a perspective misses the peculiar characteristics of human time and does not relate well to processes. The first characteristic of human time is that it cannot be stopped. This does not only imply that time is finite, it also means that human time inevitably moves forward from birth to one’s inescapable death. Furthermore, human time cannot be traversed: in a human life, one cannot actually go back to the past or move forward to the future. A third characteristic of human time lies in its irreducible relationship with eternity. If one wants to eternally exclude someone, it is unclear how long this will actually last. Bergson furthermore reminds us that the reference to processes is always inadequate, it is qualitatively different from what it refers. We see this in the discussion of formal and material criteria used to refer to the process of migrants living within a certain territory. Two dominant approaches – jus domicilii and jus nexi – both ultimately fail to grasp such process.
The jus temporis that is argued for in this chapter aims to explicate the value of human time that is to be found in the finite, irreversible, and unstoppable character of human time. To make the value of human time explicit, "rootedness" and "integration" are conceptually distinguished. The latter signifying qualified time, the former mere lapse of human time. Rootedness simply signifies the entanglement of presence on a territory with the lapse of finite and irreversible human time. This conception of rootedness is at the heart of jus temporis and its implications are not limited to questions of citizenship acquisition. It is argued that the value of rootedness equally applies to waiting time in procedures, endless forms of temporariness, and unlawful residence. Concretely, it is argued that this jus temporis implies two elements. The first is a certain openness to the future, the possibility that a certain situation will not last forever. The second element is that there should be end-terms at work in law: procedures may not last forever, temporariness may not continue eternally, and there should be a moment when long-term unlawful residences can become lawful.
Time is one of the most important means for the exercise of power. In Migration Law, it is used for disciplining and controlling the presence of migrants within a certain territory through the intricate interplay of two overlapping but contradicting understandings of time – human and clock time. This book explores both the success and limitations of the usage of time for the governance of migration. The virtues of legal time can be seen at work in several temporal differentiations in migration law: differentiation based on temporality, deadlines, qualification of time and procedural differentiation. Martijn Stronks contests that, hidden in the usage of legal time in Migration Law, there is an argument for the inclusion of migrants on the basis of their right to human time. This assertion is based in the finite, irreversible and unstoppable character of human time.
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