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.

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This work is licensed under a Creative Commons Attribution 4.0 License.

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David Godden, Commentary on Plug

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David Godden, Commentary on Plug (May 1997)

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May 15th, 9:00 AM May 17th, 5:00 PM

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.