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Persuasion and Legal Reasoning in the ECtHR Rulings - Balancing Impossible Demands (Hardcover)
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Persuasion and Legal Reasoning in the ECtHR Rulings - Balancing Impossible Demands (Hardcover)
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This book analyses the case law of the European Court of Human
Rights (ECtHR) from the point of view of argumentative tools used
by the Court to persuade the audience - States, applicants and
public opinion - of the correctness of its rulings. The ECtHR
judgments selected by the authors concern justification of some of
the most difficult issues. These are matters related to human life,
human dignity and the right to self-determination in matters
concerning one's private life. The authors look for paths,
repetitive patterns of argumentation, and divide them into three
categories of argumentative tools: authority, deontological and
teleological. The work tracks how ECtHR judges aim to find a
consensual, universal, and at the same time pragmatic and
axiologically neutral narrative, on the collisions of rights and
interests in the areas under discussion. It analyses whether the
voice of the ECtHR carries the overtones of an ethical statement
and, if so, to which arguments it appeals. The book will be of
interest to academics and researchers working in the areas of
Jurisprudence, Human Rights Law, and Law and Language.
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