Barnert, Elena Der eingebildete Dritte. Eine Argumentationsfigur im Zivilrecht
2008. X, 281 pages. GRW 12
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Elena BarnertDer eingebildete DritteEine Argumentationsfigur im Zivilrecht
[The Imaginary "Third Man". A Standard Figure of Argumentation in Civil Law.]Published in German. Elena Barnert deals with a standard figure of argumentation in civil law, a figure which appears in many contexts: in the shape of a careful captain, a conscientious notary, a responsible insurance policy holder, an experienced truck driver, a respectable businessman, an attentive - or a cursory - reader, an objective spectator, a circumspect, sensible person, the "reasonable man" etc - figures which are significant for the structure of the adjudication process. Each of these variants is a complex normative model, a product of methodical fantasy, which has been constructed by judges for civil cases with the objective of creating a specific criterion for the implementation of the law. From a theoretical and practical perspective, the author analyzes the (judicially constituted) imaginary "third man" as the "ideal" player in law - selectively, but not arbitrarily equipped with varying characteristics.
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