Time Frames and Legal Indeterminacy

A consensus has long been established that adherents of the Critical Legal School (and to a lesser extent, Legal Realism) exaggerated their claims of law’s indeterminacy. This paper however, attempts to resurrect the indeterminacy debate by articulating, developing and elevating a particular strand of it; namely, the use of unrestrained time frames in factual construction. This claims that factual construction in adjudication is, in part, contingent on the time frames adopted—though absent some metaprinciple on whether to adopt broad or narrow time frames—indeterminacy rears its head. The paper primarily argues that time frame indeterminacy is important as it actually underwrites the attacks levelled by both Critical Legal Studies (CLS) and American Legal Realism (ALR) on legal liberalism. It nourishes ALR critiques by enriching the strict and loose articulations of precedent authored by Karl Llewellyn, and also connects some of the definitive themes that underline the CLS literature, specifically the rules-standards and free will-determinism contradictions in legal liberal discourse.