Persuasion and legal reasoning in the ECtHR rulings : balancing impossible demands / Aleksandra Me̜żykowska and Anna Młynarska-Sobaczewska.
2023
KJC5132
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Title
Persuasion and legal reasoning in the ECtHR rulings : balancing impossible demands / Aleksandra Me̜żykowska and Anna Młynarska-Sobaczewska.
ISBN
9781003375999 (electronic book)
1003375995 (electronic book)
9781000897166 (EPUB)
1000897168 (EPUB)
9781000897111 (electronic book)
1000897117 (electronic book)
9781032446226 (hardback)
9781032452227 (paperback)
1003375995 (electronic book)
9781000897166 (EPUB)
1000897168 (EPUB)
9781000897111 (electronic book)
1000897117 (electronic book)
9781032446226 (hardback)
9781032452227 (paperback)
Published
London ; New York : Routledge, Taylor & Francis Group, 2023
Copyright
©2023
Language
English
Description
1 online resource (223 pages)
Other Standard Identifiers
9781003375999
10.4324/9781003375999 doi
10.4324/9781003375999 doi
Call Number
KJC5132
System Control No.
(OCoLC)1380914260
Summary
"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 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"-- Provided by the publisher.
Formatted Contents Note
Challenges of judicial reasoning in beginning and end-of-life cases
Ways of judicial reasoning : outline
Ways of reasoning in medically assisted procreation and surrogacy cases
Ways of reasoning in abortion cases
Ways of reasoning in end-of-life situations.
Ways of judicial reasoning : outline
Ways of reasoning in medically assisted procreation and surrogacy cases
Ways of reasoning in abortion cases
Ways of reasoning in end-of-life situations.
Access Note
Open access Unrestricted online access
Historical Data
Aleksandra Mykowska is an associate professor at the Department of Constitutional Law & European Research at the Institute of Law Studies of the Polish Academy of Sciences. She also serves in the Treaty & Legal Department of the Ministry of Foreign Affairs.
Source of Description
Description based on online resource; title from title screen (viewed March 6, 2025).
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