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3 - Jus Temporis or the Immigrant’s Right to Human Time

Published online by Cambridge University Press:  09 June 2022

Martijn Stronks
Affiliation:
Vrije Universiteit, Amsterdam
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Summary

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.

Type
Chapter
Information
Grasping Legal Time
Temporality and European Migration Law
, pp. 65 - 96
Publisher: Cambridge University Press
Print publication year: 2022

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