The Categorization of Argumentative Styles in the Reasoning of International Courts

PluriCourts Lunch Seminar with Erik Røsæg.

Abstract

We all know that courts have different styles of reasoning in their decisions. These differences call for studies on whether there are reasons for the differences or they have only materialized, for example, from tradition. Furthermore, the consequences of different argumentative styles should be studied with regard to its effects on the likelihood that other international courts base their decisions upon them. However, in order to effectively study such effects of argumentative styles, one would need a language of categories of different argumentative elements and styles. In particular this is so if computers are to be utilized in analysing the materials. My presentation is a preliminary attempt to hone in on how this could be done.

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PluriCourt Seminars are a forum for pluridisciplinary discussion of core issues relating to international courts and tribunals. PluriCourts scholars or invited speakers present new and ongoing research or comment on current questions. The seminars are open to everyone.

Published Jan. 15, 2019 12:45 PM - Last modified Jan. 17, 2019 7:56 AM