"Here our interest is directed to the temporal dimension of legality, the way law stands in relation to the past, the present, and the future. Law in the modern era is, we believe, one of the most important of our society’s technologies for preserving memory. Just as the use of precedent to legitimate legal decisions fixes law in a particular relation to the past, memory may be attached, or attach itself, to law and be preserved in and through law. Where this is the case, it serves as one way of orienting ourselves to the future. As Drucilla Cornell puts it: “Legal interpretation demands that we remember the future.” In that phrase, Cornell reminds us that there are, in fact, two audiences for every legal act, the audience of the present and the audience of the future. Law materializes memory in documents, transcripts, written opinions; it reenacts the past, both intentionally and unconsciously, and it is one place where the present speaks to the future through acts of commemoration."
Future

January 1, 1970

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Original Language: English