Description

Book Synopsis

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 looked for paths and repetitive patterns of argumentation and divided 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.

Table of Contents

Introduction

1 Challenges of judicial reasoning in beginning and end-of-life cases

2 Ways of judicial reasoning – outline

3 Ways of reasoning in medically assisted procreation and surrogacy cases

4 Ways of reasoning in abortion cases

5 Ways of reasoning in end-of-life situations

Conclusion

Index

Persuasion and Legal Reasoning in the ECtHR

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    A Hardback by Aleksandra Mezykowska, Anna Młynarska-Sobaczewska

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      Book details

      Publisher Taylor & Francis Ltd
      Published 1/24/2023 12:05:00 AM
      ISBN-13 9781032446226
      978-1032446226
      ISBN-10 1032446226
      Also in:
      Dictionaries, Reference & Language Sociolinguistics Law Public international law: human rights

      Description

      Book Synopsis

      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 looked for paths and repetitive patterns of argumentation and divided 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.

      Table of Contents

      Introduction

      1 Challenges of judicial reasoning in beginning and end-of-life cases

      2 Ways of judicial reasoning – outline

      3 Ways of reasoning in medically assisted procreation and surrogacy cases

      4 Ways of reasoning in abortion cases

      5 Ways of reasoning in end-of-life situations

      Conclusion

      Index

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