Persuasion and Legal Reasoning in the ECtHR Rulings: Balancing Impossible Demands

This book examines the case law of the European Court of Human Rights (ECtHR) from the perspective of argumentative tools used to persuade audiences of the correctness of its rulings. It categorizes argumentative tools into authority, deontological, and teleological and analyzes whether the ECtHR's voice carries the overtones of an ethical statement. It will be of interest to academics and researchers in jurisprudence, human rights law, and law and language.

Format: Hardback
Length: 224 pages
Publication date: 24 May 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the analysis of case law from the European Court of Human Rights (ECtHR) through the lens of persuasive argumentative techniques employed by the Court to convince its audience, including states, applicants, and the general public, of the legitimacy and correctness of its rulings. The authors have carefully selected a selection of ECtHR judgments that tackle some of the most challenging and complex issues related to human life, human dignity, and the right to self-determination in matters concerning one's private life.

In their quest to identify persuasive argumentation patterns, the authors have categorized these arguments into three distinct categories: authority, deontological, and teleological. They explore how ECtHR judges strive to construct a consensual, universal, and pragmatic narrative that balances the competing rights and interests at stake in the areas under discussion. The book also examines whether the ECtHR's voice carries the essence of an ethical statement and, if so, to which arguments it appeals.

This book is of immense interest to academics and researchers specializing in the fields of jurisprudence, human rights law, and law and language. It provides valuable insights into the persuasive strategies employed by the ECtHR and sheds light on the ethical dimensions of its rulings, making it a valuable resource for scholars and practitioners alike.

Weight: 488g
Dimension: 160 x 242 x 21 (mm)
ISBN-13: 9781032446226