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Alexandra Ellen Hansen - Facts Before the European Court of Human Rights

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Alexandra Ellen Hansen

Facts Before the European Court of Human Rights

Series: Schriftenreihe Europäisches Recht, Politik und Wirtschaft

Volume 402 2022

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II. Facts, Law and Interdisciplinarity S. 75-108

„… method to assess or critique the fact-assessment in the ECtHR’s case-law. The principles of scientific …” „… the facts of a given case; and, thus, to draw a legal conclusion based on the facts.437 The …” „… to fulfil the legal bill and with which the facts of a new case also correspond.443 This can be seen …”

I. Facts and Rules of Evidence in the Sphere of International Adjudication S. 17-74

„… reach such a decision if it can ascertain the relevant facts of the case; only then can the principles …” „… facts of a case, that is, it is the process through which the facts of a case are established. In this …” „… primary goal of fact-assessment, at the international level, this is not the case. Several points support …”

Conclusion S. 177-180

„… can be used to analytically assess the Court’s manner of contending with facts in its case-law, and …” „… Court’s jurisprudence depends on the facts of a given case. Facts and law are intertwined in complex …” „… given in law to the facts of the case’ or deeming domestic authorities ‘better placed’ to make factual …”

III. Principles of Scientific Method and Case Analysis S. 109-176

„… assess the fact-assessment conducted in judicial decisions. Analysis of the ECtHR’s Case-Law Using …” „… to prevent A.J.’s death. The Government’s argument is that the facts of the case do not fulfill the …” „… better placed than the ECtHR to assess the facts of a case; however, if the facts of a case are disputed …”

Titelei/Inhaltsverzeichnis S. 1-14

„… between Facts and Law before the ECtHRc. 100Conclusion5. 108Principles of Scientific Method and Case …” „… AnalysisIII. 109Principles of Scientific Method1. 109Analysis of the ECtHR’s Case-Law Using Principles of …” „… ECtHR’s case-law using the principles of scientific method, allows the detection of flaws in the factual …”

Introduction S. 15-16

„… Court of Human Rights (ECtHR) as well.Before any legal analysis can commence, the facts of a given case …” „… critique the factual analyses by the ECtHR in its case-law?’Facts play an important role in legal …” „… detect flaws in the fact-assessment by the ECtHR in its case-law. Nine cases decided by the ECtHR are …”

Bibliography S. 189-198

„… Fact-Finders: The Case of Scientific Fact-Finding in International Adjudication’ (2011) 34 Loyola of Los …” „… /preventive-detention-as-a-penalty-in-the-case-of-ilnseher-v-germany/#more-4026>, last accessed on 12 July 2021Riddell A, ‘Evidence, Fact-Finding, and Experts’ in Cesare PR …” „… 943Alston P and Knuckey S, ‘The Transformation of Human Rights Fact-Finding: Challenges and …”

doi.org/10.5771/9783748933229

Nora Kottmann, Cornelia Reiher - Studying Japan

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Nora Kottmann (ed.), Cornelia Reiher (ed.)

Studying Japan

2020

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Jun Imai 10.3 Examining facts from different angles: The case of the deregulation of employment relations in Japans S. 292-299

„… Examining facts from different angles: The case of the deregulation of employment relations in …” „… after the decade of deregulatory reforms. It also included the case of the Discretionary Work System …” „… reality, I recommend always keeping the concept of triangulation in mind. In my case, using multiple …”

Christian Tagsold, Katrin Ullmann Chapter 8 How to observe people and their environment: Participant observation S. 211-222

„… probably not the most complex case for applying the standards of the AAA—for example, PR China poses much …” „… . 4.2; Slater et al., Ch. 16.2). In many cases, the lives of potential informants are not strictly …” „… down. In the Japanese case, studying up also raises problems of language. Usually, we would have to use …”

Sonja Ganseforth 4.2 Ambiguity and blurred boundaries: Contextualising and evaluating heterogeneous sources S. 121-124

„… can avoid the pitfalls of solipsistic specialisation without relevance beyond a very specific case—a …” „… ‘Japan’ as a case in the study of universal political, social, cultural, economic or historical questions …” „… of knowledge production. In fact, many salient researchers and theorists—like the geographer Doreen …”

Christoph Brumann 7.1 The empire of interviews: Asking my way through Japan S. 196-199

„… easier with the ‘open-ended’, narrative type of interviews I conducted most often: in these cases, I had …” „… questioning a celebrity guest). Yet still, it is advisable to face the fact of co-creation, rather than to …” „… myself brought the person who had provided the contact or my own colleague in a number of cases. In Kyoto …”

Richard J. Samuels 15.3 Writing about Japans S. 422-427

„… irrelevance. One must be undaunted by the fact that much of what one has collected inevitably falls, as …” „… father’s favourite term for me. As in any other discipline or Area Study, in the case of Japanese Studies …” „… Japan. It is hard to know where to begin. But I am reminded of the frequent (and always unsolicited …”

Kai Schulze 13.3 Qualitative content analysis and the study of Japan’s foreign policy S. 371-376

„… fact, they materialise in different forms, such as texts or pictures. In my case, the representations …” „… case, and in fact this happened fairly often, I had to go through all the sources again and look …” „… in the unlikely case that the absolute quantity of mentions might be higher. A second determinant for …”

Gabriele Vogt Chapter 2 How to ask: Research questions S. 53-64

„… best-case scenario—it can reopen your eyes to patches to which you have gone almost blind because of the …” „… discuss the somewhat extreme case of this alignment, i.e. cases when research questions are ‘shaped by …” „… the aims of the research’ (Bryman 2007, p. 8). This view is based on the fact that we trust data more …”

Roger Goodman Chapter 1 How to begin research: The diversity of Japanese Studies S. 29-39

„… at the other? Examples of this in the case of Japanese Studies can be seen in the works of Brian …” „… some of the personal information which researchers felt was important to share in the case of research …” „… very different experience of Japan from men (Roberts 2003). Indeed, the fact that there are such strong …”

Aya H. Kimura 15.1 Training your ‘writing muscle’: Writing constantly and theoretically S. 414-417

„… . Take the case of citizen radiation measuring organisation that I wrote about in my book and also …” „… , self-criticism and the resultant paralysis, or information glut. There is now a lot of writing on how to write …” „… audience of your writing. Using the metaphor of ‘writing muscle’, these three issues might be phrased as …”

Markus Heckel 11.3 Studying economic discourse S. 317-322

„… the case of Economics, many international experts who have an excellent reputation in their field …” „… to product. London: Routledge. Stake, Robert E. (1995): The art of case study research. Thousand Oaks …” „… understanding the functioning of the economy, formed a structure for economic policymaking and even shaped our …”

David Chiavacci 2.3 Capturing social change in Japan S. 72-77

„… everything will go smoothly if you try to capture the meaning of social change. In fact, over the years, I …” „… the very beginning of the research project. In fact, the new popularity of foreign companies as …” „… questions is that sometimes you are very lucky—like in the case of my PhD project—but normally it is a …”

Titelei/Inhaltsverzeichnis S. 1-18

„… sketch social phenomena ....10.2 287 Laura Dales Examining facts from different angles: The case of the …” „… ...3.2 91 Jamie Coates The universe of cases: Agricultural cooperatives in Japan as a case study …” „… permission in writing from the publishers. Under § 54 of the German Copyright Law where copies are made for …”

Katharina Hülsmann 11.1 Negotiating the ethics of gathering research data in a subcultural context S. 310-312

„… financially) from the fact that you have insider knowledge of a cultural phenomenon (Nielsen 2016, p. 237 …” „… Negotiating the ethics of gathering research data in a subcultural context Katharina Hülsmann Like …” „… things to discuss. On the other hand, while a lot of international fan work is shared freely on social …”

Theresia Berenike Peucker, Katja Schmidtpott, Cosima Wagner Chapter 9 How to access written and visual sources: Archives, libraries and databases S. 238-247

„… catalogue. In these cases, you have to check the availability of the superordinated entity like an edited …” „… preservation of public records is comparatively weak. They base these complaints, for instance, on the fact …” „… , quite often one may encounter gaps in their holdings. As a matter of fact, the extent of the holdings is …”

Brigitte Steger 17.3 Weird and wonderful: Popularising your research on Japan S. 474-479

„… name appeared in the popular press. Academia is supposed to be respectable. That attitude reminds me of …” „… ‘mixes in a few funny stories to wake up sleepers’ as unsuitable for the training of serious scholars …” „… , that was hardly a sign of sophistication. However, today, the mood has certainly changed. No one now …”

Caitlin Meagher Chapter 12 How to make sense of data: Coding and theorising S. 323-334

„… housing, that I collected and read during and after my fieldwork. In fact, a major theme of the book I …” „… data. Any theory generated should be grounded in the specificities of the (in this case, Japanese …” „… against inadvertently imposing her own interpretation on the data, in recognition of the fact that …”

Nora Kottmann, Cornelia Reiher Introduction: Studying Japan S. 19-28

„… . In the case of more than one author, names are mentioned in alphabetical order. Japanese terms are …” „… (case study) research designs and touches upon the discussion of theory building and testing as well as …” „… research in or on Japan in a more systematic way. Lacking a comprehensive handbook on the methods of Social …”

Karen Shire 5.2 Transnational research in Japan Studies—an oxymoron? Studying cross-border labour mobility in globalising Japanese production organisations S. 146-150

„… named the contact person in Tokyo (or in some cases, other Asian locations). Making our networks of …” „… : The case of JiaIi Kobayashi We received the contact to Jiali Kobayashi, the operating manager of a …” „… like the OECD or the UN are mainly compilations of nationally generated statistics and serve a …”

Akiko Yoshida Chapter 5 How to collect data: An introduction to qualitative Social Science methods S. 132-141

„… of research (see McMorran, Ch. 15). This is especially the case for researchers who wish to conduct …” „… everything necessary to design research perfectly in advance. In fact, one of the most important guidelines …” „… qualitative Social Science research. The most commonly employed methods, which are the focus of this book, are …”

Tomiko Yamaguchi 7.2 The art of interviewing: A Japanese perspective S. 200-203

„… The art of interviewing: A Japanese perspective Tomiko Yamaguchi In recent academic discussions in …” „… Japan, the value of qualitative research methods has been increasingly appreciated across a wide range …” „… , the focus of this chapter is qualitative interviews: in particular, guiding principles and practical …”

Emi Kinoshita 13.2 Analysis of biographical interviews in a transcultural research process S. 367-370

„… 2016). This short essay reports on some of the transcultural challenges I faced in applying …” „… is Japanese. In the early phase of my project, I did several interviews, as suggested in Japanese …” „… answer that day. I explained some of the techniques mentioned above as analysing methods, but they were …”

Chris McMorran Chapter 15 How to finish: Writing in a stressful world S. 405-413

„… , studying the physical and emotional labour of hospitality in Japanese inns (ryokan), but my wife and I were …” „… schedules. I needed to make sense of everything and write a dissertation that would meet the standards of my …” „… fellowship waiting for me at the University of Colorado, but nothing secure after that. My loving partner had …”

Nora Kottmann, Cornelia Reiher Chapter 7 How to interview people: Qualitative interviews S. 184-195

„… ‘objective facts’ researchers can find out. Choosing the ‘right’ type of interview and questions Once a …” „… . They often evolve around a ‘generative narrative question’ as in the case of narrative or episodic …” „… Meagher, Ch. 12), but has become widely accepted in qualitative research. The gradual selection of cases …”

Steffen Heinrich 14.3 From buzzwords to discourse to Japanese politics S. 397-404

„… widely used as otherwise Google Trends may report that not enough data is available. In the case of the …” „… case of work-style reform, I analysed the party manifestos of the two largest parties in Japan at the …” „… times of media convergence: Case studies from the Middle East and Asia. Berlin: Frank & Timme, pp …”

Hanno Jentzsch 6.3 Building arguments on national policies from everyday observations S. 177-183

„… the data and keeping in touch with research participants. In fact, I did substantial parts of my work …” „… of so-called ‘small cases’ to strengthen the empirical data and helped me to identify these …” „… additional cases, including the right interview partners, and to formulate questions. The foundation of …”

Isaac Gagné 16.1 Fairness in research and publishing: The balancing act of cultural translation S. 442-445

„… informants mean than the semantic content of the idioms themselves. Yet, there are many cases in which …” „… Fairness in research and publishing: The balancing act of cultural translation Isaac Gagné What is …” „… research’ involves negotiating and striving for fairness in both research and publishing as part of the …”

Urs Matthias Zachmann Chapter 4 How to identify relevant scholarly debates: Reviewing the literature S. 102-116

„… some degree be stored, reproduced and referenced in research. In some cases, the process of turning …” „… fact just from statistics: the number of authors as well as the number of readers who write and read …” „… ? Conversely, others may ask: there is so much stuff already written. How can I stand on the shoulders of …”

Levi McLaughlin Chapter 6 How to do fieldwork: Studying Japan in and outside of Japan S. 157-168

„… proactive co-creation of online content with interlocutors (Kozinets 2015). In all cases, let the best …” „… because ‘fieldwork’ and ‘ethnography’ are often treated as synonyms. This is partly due to the fact that …” „… Japan researchers reflect on ethical dimensions of their ethnography (Robertson 2007), and the appendix …”

Allison Alexy 7.3 Talking through difficult topics S. 204-210

„… (Creating ‘facts’: The Suita incident and the politics of discourse). In: Sociology 54, No. 3, pp. 89–104 …” „… research interviews outside of that broader context. I can count on one hand the number of people with whom …” „… like to ask during the interview, clustering them into broad categories. I bring this printed copy of …”

Celeste L. Arrington Chapter 13 How to systematise texts: Qualitative content and frame analysis S. 349-362

„… that data. Close knowledge of the case and the broader context is essential for persuasive content …” „… conjunction with the method of paired comparison, which matches relatively similar cases or contexts to reduce …” „… content and frame analysis and assesses the strengths and weaknesses of these analytical tools to aid …”

doi.org/10.5771/9783845292878

Julia Iliopoulos-Strangas, Michael Potacs, Elena Simina Tanasescu, Jacques Ziller - Migration | Migration | Migrations

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Julia Iliopoulos-Strangas (ed.), Michael Potacs (ed.), Elena Simina Tanasescu (ed.), Jacques Ziller (ed.)

Migration | Migration | Migrations

Series: Societas Iuris Publici Europaei (SIPE)

Volume 11 2017

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Krzysztof Wojtyczek The future as object of judicial proceedings S. 215-230

„… UNHCR and in the case-law of the ECHR. The Court considers that the fact of past ill-treatment provides …” „… adjudication in a specific case. A study of asylum proceedings brings to the attention of lawyers the fact that …” „… ) general facts (or social facts), i.e. facts con- 23 See B. ZUPANČIČ, Concurring opinion in the case of …”

Michał Jackowski Conventional rights of migrants in the Agreement between the European Union and Turkey of 18 March 2016 S. 59-72

„… individual situation of all the refugees. According to ECtHR case-law, in particular circumstances refugees …” „… , or implemented in individual cases. This is why the text of the Agreement is worth analysing if it …” „… found with “merit” and they have been declared inadmissible. Analysis of the case law of the European …”

Horatiu Radu Developments in the case-law of the CJEU in the field of migration S. 163-178

„… Européenne, de la CEDH et du Comité européen des droits sociaux Developments in the case-law of the CJEU in …” „… has the right to liberty and security of person”. Developments in the case-law of the CJEU in the …” „… -443/14 and C-444/14, para. 37, 40. Developments in the case-law of the CJEU in the field of migration 168 …”

Alessandra Lang The EU legal regime of migration and the external borders S. 145-162

„… of 07.06.2016 – Case C-47/15, Affum, ECLI:EU:C:2016:408. For an overview of the case-law on the …” „… Development of the Freedom of Movement for Citizens in the Case- Law of the Court of Justice of the European …” „… provisions of the Treaty on free movement had direct effects in Reyners (Decision of 21.06.1974 – Case 2/74 …”

Sanderijn Wierink The squeaky sounds of Dublin S. 253-258

„… delayed. In most cases it will lead to nothing, only delay. For the system to work, one of the things …” „… border countries, the southern Member States II. 6 ECJ, Decision of 07.06.2016 – Case C-63/15, Ghezelbash …” „… preliminary ruling by a Dutch national court on February 2nd 2015 in the case of Ghezelbash. Waiting for a …”

Angelika Nussberger Migration im Spiegel der Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte S. 179-190

„… nicht ausreichend, um eine Konventionsverletzung festzustellen: “In their case-law, the bodies of the …” „… . Nevertheless, the Court would adopt such an approach only in the most extreme cases of general violence, where …” „… Convention have furthermore indicated that the fact that a number of aliens are subject to similar decisions …”

Roberta Mungianu Between Protection and Deflection: A legal account of some specific aspects of the EU’s response to the refugee crisis S. 37-58

„… guaranteeing the free movement of persons within the EU, as was the case in the earlier formulations of the …” „… Quarterly, 2008, 27 (3), p. 33; F. IPPOLITO, “Migration and Asylum Cases before the Court of Justice of the …” „… Reception Conditions Directive in its entirety, these provisions should be interpreted in light of the fact …”

Daniel Thym Die Flüchtlingskrise als Herausforderung für das Konzept einer supranationalen „Integration durch Recht“ S. 73-102

„… Rechtsstaat Migration: New challenges for Europe, for State Sovereignty and for the Rule of Law and the …” „… , 1994 (3. Auflage), S. 119 (169-170); und J. TORPEY, The Invention of the Passport, Cambridge, 2000. 2 …” „… Statecraft, Minnesota, 1999, Kap. 4; und die klassische Position von H. ARENDT, The Origins of …”

doi.org/10.5771/9783845285368

Stephan Barton, Marieke Dubelaar, Ralf Kölbel, Michael Lindemann - 'Vom hochgemuten, voreiligen Griff nach der Wahrheit'

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Stephan Barton (ed.), Marieke Dubelaar (ed.), Ralf Kölbel (ed.), Michael Lindemann (ed.)

'Vom hochgemuten, voreiligen Griff nach der Wahrheit'

Series: Interdisziplinäre Studien zu Recht und Staat

Volume 56 2018

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Cyrille Fijnaut Reviewing criminal cases from the perspective of comparative law S. 275-302

„… facts of the case clearly call for one. One of these cases is the Bavarian Bauer Rupp [Farmer Rupp …” „… the facts adduced in support of the request appear to be sufficient grounds for reviewing the case …” „… proceedings in the Rechtsprechungsdatenbank [case-law database] of, for example, North-Rhine Westphalia.35 …”

Marieke Dubelaar Use of scenarios in evidential reasoning from a continental law perspective S. 147-178

„… additional investigations in order to establish the facts of the case. In that sense the judge has his/her …” „… own responsibility to investigate the facts of the case. Under the German system this is explicitly …” „… into pieces in a criminal case; the facts to be proven and the arguments against or in support of …”

Anna Sagana The downward spiral of biases in criminal investigations: From eyewitnesses to forensic experts and judges S. 133-146

„… then interpret these under the light of their early opinions about the case. This dim picture …” „… case. According to the effect of adversarial allegiance experts are often incapable of insulating …” „… perpetrator of the bombing. In fact the FBI described the fingerprint match as »100 % verified«. A number of …”

Dave van Toor Will neuroscience revolutionize criminal interrogations? S. 179-198

„… operable case facts restricts applicability of the guilty knowledge technique in FBI criminal polygraph …” „… . Podlesny, A paucity of operable case facts restricts applicability of the Guilty Knowledge Technique in …” „… paucity of operable case facts restricts applicability of the Guilty Knowledge Technique in FBI criminal …”

doi.org/10.5771/9783845290805

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Philosophisches Jahrbuch

Browse Volumes: Philosophisches Jahrbuch

PhJb Volume 129 (2022) Issue 2 ISSN Online: 2942-3325

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Kathrin Koslicki Essentialism vs. Potentialism: Allies or Competitors? S. 325-338

„… accordance with the left-to-right direction of (b), the fact that p’s being the case is part of X’s essence …” „… essence-based accounts of necessity and Vetter’s potentiality-based account of possibility in fact lead to the …” „… plurality of objects) has an iterated (or non-iterated) potentiality for it to be the case that p.9 For …”

Boris Kment Modality, Capacities, and Intuition S. 319-324

„… concept. Its reference is anchored in a set of paradigmatic cases that feature prominently in the …” „… involve capacities of any kind. The anti-Humean account denies that facts about capacities are reducible …” „… potentialism:(1) The kind instantiated by the large majority of paradigm cases of capacities is the kind …”

Filip Grgić, Ana Grgić “To See and Hear That Which is Not Present”: Aristotle on the Objects of Memory S. 215-231

„… memory is not of the future (even though it seems that it can be of the facts concerning future events …” „… slowness and passions44, show, among other things, that he is very well aware of the fact that …” „… representation of Coriscus, that is, recognizes that it is a picture of Coriscus. This is the case when the …”

doi.org/10.5771/0031-8183-2022-2

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