Location
Brock University
Document Type
Paper
Start Date
15-5-1997 9:00 AM
End Date
17-5-1997 5:00 PM
Abstract
In addition to ratio decidendi (the necessary arguments), judges are allowed to include obiter dicta (arguments which are superfluous) in their decisions.The interpretative decision that an argument is superfluous may be justified by reference to the verbal presentation of the argument. In this paper I discuss several words and expressions that, in legal practice, are considered to be indicators of additional considerations. Starting from a pragma-dialectical characterization of additional considerations, I evaluate some examples of these cases in order to examine which words and expressions can be seen as indicators of obiter dicta.
Creative Commons License
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Response to Submission
David Godden, Commentary on Plug
Reader's Reactions
David Godden, Commentary on Plug (May 1997)
Included in
Indicators of Obiter Dicta
Brock University
In addition to ratio decidendi (the necessary arguments), judges are allowed to include obiter dicta (arguments which are superfluous) in their decisions.The interpretative decision that an argument is superfluous may be justified by reference to the verbal presentation of the argument. In this paper I discuss several words and expressions that, in legal practice, are considered to be indicators of additional considerations. Starting from a pragma-dialectical characterization of additional considerations, I evaluate some examples of these cases in order to examine which words and expressions can be seen as indicators of obiter dicta.
