Daniel Bertram

When may a court legitimately rule over affairs of the future at all? Before thinking about how to resolve such cases, we need to clarify the conditions legitimatising the exercise of judicial authority. My (necessarily cursory) argument in this blogpost is twofold. First, I argue that it is both useful and conceptually apt to think about legitimate authority as a jurisdictional question. Second, I propose a heuristic condition that justifies the judicial exercise of extratemporal jurisdiction over future events: preserving choice.