By Eric Heinze
This publication goals to spot the formal-logical constitution of argument within the adjudication of civil rights and liberties. Its theoretical framework additionally comprises vital case reviews from the selections of the ecu courtroom of Human Rights.
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Extra info for The Logic of Liberal Rights: A Study in the Formal Analysis of Legal Discourse
30 Agents Review these terms 1 2 3 liberal right (conventional concept) restriction contentious character 1111 2 3 4 5111 6 7 8 9 1011 1 2 3111 4 5 6 7 8 9 20111 1 2 3 4 5111 6 7 8 9 30111 1 2 3 4 5 6 7 8 9 40111 1 2 3 44 45111 2 Overview of agents In the next few chapters, we will encounter a variety of persons and entities who populate rights discourse. Collectively, they will be called agents. They will be divided into two kinds: parties and actors. While those words are familiar in English.
Or that the respondent ironically ‘suggests’ or ‘intimates’ y2? A phrase like ‘the claimant asserts’ or ‘the respondent asserts’ cannot always be taken to mean that a position is stated in a concise utterance. It must often be reconstructed and, indeed, as is common in standard treatises, can ordinarily be reconstructed uncontroversially. Similarly, parties do not always set forth their arguments according to prescribed formulas or rigorous logical canons. Sometimes a position is stated as an eloquent conclusion scrupulously derived from lucid premises, but sometimes it is stated in utterly haphazard or conclusory fashion.
15 Although our overall focus in Lingens is, then, on the European Court, we may nevertheless wish to refer to arguments which were made in the national courts. Therefore, for the sole purpose of consistency in the recording of arguments, we will apply that same role distribution throughout all stages of the litigation. We will analyse even the phase of the dispute in the national courts in terms of Lingens’s asserted right to free expression and Kreisky’s assertion of a restriction on that right.