Argumentation, rhetoric and legal justification. The case of Poland’s Constitutional Tribunal ruling on abortion
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Stanisław Goźdź-Roszkowski
Abstract
This chapter examines the justification of the controversial abortion ruling given by Poland’s Constitutional Tribunal from the perspective of legal argumentation theory and incorporating certain elements of classical legal rhetoric (ethos, audience effect, topoi and kairos). Judicial reasoning is reconstructed using weighing and balancing as a principle method for external justification but other argumentative devices identified as relevant include arguments from authority and the use of emotive, value-laden language. The analysis supports the view that argumentation contained in the opinion is unique since it needs to draw on both interpretive as well as rhetorical methods far more often than normally would be the case. The rhetorical elements help to account for the impact of the political, legal and social contexts in which the ruling is embedded. It emerges that irrespective of the argumentative merits of the justification, it cannot be considered as effective and acceptable because of the court’s undermined legitimacy and a failure to convince key audiences.
Abstract
This chapter examines the justification of the controversial abortion ruling given by Poland’s Constitutional Tribunal from the perspective of legal argumentation theory and incorporating certain elements of classical legal rhetoric (ethos, audience effect, topoi and kairos). Judicial reasoning is reconstructed using weighing and balancing as a principle method for external justification but other argumentative devices identified as relevant include arguments from authority and the use of emotive, value-laden language. The analysis supports the view that argumentation contained in the opinion is unique since it needs to draw on both interpretive as well as rhetorical methods far more often than normally would be the case. The rhetorical elements help to account for the impact of the political, legal and social contexts in which the ruling is embedded. It emerges that irrespective of the argumentative merits of the justification, it cannot be considered as effective and acceptable because of the court’s undermined legitimacy and a failure to convince key audiences.
Chapters in this book
- Frontmatter I
- Contents V
- Introduction 1
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Section 1: Investigating legal interpretation and argumentation
- The Dulac affair and the triple game of contemporary art 9
- Argumentation, rhetoric and legal justification. The case of Poland’s Constitutional Tribunal ruling on abortion 29
- The pragmatics of evidence discourse: Ostensive acts 47
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Section 2: Looking at language to investigate legal challenges
- Illusions of a common Language: Impressions of an arbitration practitioner 67
- Pragmatic features of Italian court proceedings 79
- Politeness Matters: What honorifics can tell us about accuracy in Japanese-English court interpreting 91
- Textual representation as a conceptual tool: Big data analysis of legal language 117
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Section 3: Theories of sense and meaning for legal investigations
- What is practical about law? Contemporary legal philosophy on legal practice 145
- Natural semantic (legal?) metalanguage. What can legal theory learn from Anna Wierzbicka? 173
- Index 205
Chapters in this book
- Frontmatter I
- Contents V
- Introduction 1
-
Section 1: Investigating legal interpretation and argumentation
- The Dulac affair and the triple game of contemporary art 9
- Argumentation, rhetoric and legal justification. The case of Poland’s Constitutional Tribunal ruling on abortion 29
- The pragmatics of evidence discourse: Ostensive acts 47
-
Section 2: Looking at language to investigate legal challenges
- Illusions of a common Language: Impressions of an arbitration practitioner 67
- Pragmatic features of Italian court proceedings 79
- Politeness Matters: What honorifics can tell us about accuracy in Japanese-English court interpreting 91
- Textual representation as a conceptual tool: Big data analysis of legal language 117
-
Section 3: Theories of sense and meaning for legal investigations
- What is practical about law? Contemporary legal philosophy on legal practice 145
- Natural semantic (legal?) metalanguage. What can legal theory learn from Anna Wierzbicka? 173
- Index 205
