A departure in the jurisprudence of the European Court of Human Rights as part of a narrative structure

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Abstract

This paper analyses a departure in the jurisprudence of the European Court of Human Rights from a narratological perspective. In particular, a departure is being considered as part of a larger textual structure—a chain of cases—instead of being restricted only to the text of a particular judgment which contains a departure. At the level of a chain of cases the narrativity of judgments is revealed through certain characteristics (theme, narrator, etc.). In order to demonstrate how these characteristics help to understand the logic of a departure, the paper analyses how a departure is textually constructed in one of chains of cases of the European Court of Human Rights.
Original languageEnglish
JournalISLL Papers
Publication statusSubmitted - 11-Feb-2020
Event29th IVR World Congress : Dignity, Democracy, Diversity - Lucerne, Switzerland
Duration: 7-Jul-201913-Jul-2019
https://www.ivr2019.org

Keywords

  • departure
  • narrative
  • Law and Narrative
  • European Court of Human Rights
  • chain of cases

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