Assertion of fact
An assertion of fact is an assertion that presents something as fact . The term commonly used today comes from legal language .
As a legal term , it serves to differentiate between certain statements in connection with utterance offenses .
A factual assertion relates to objective circumstances in reality that are accessible to evidence in a court , i.e. can be confirmed or refuted by documents , witnesses or experts . On the other hand, a fact in the sense of case law is an actually proven state.
In contrast to this, an expression of opinion or any other evaluation or prognosis is a subjective , non- verifiable expression that is fundamentally subject to freedom of expression .
Legal meaning of the term
The legal concept of assertion of fact extends beyond a verbal utterance and also includes other forms of utterance. For example, a photo or video can be viewed as a factual assertion if the content conveys corresponding statements.
In press law , the classification of a statement as an assertion of fact is a prerequisite for certain claims. The counter- representation claim, for example, can only be directed against allegations of fact and must in turn be asserted with allegations of fact.
In criminal law , the distinction is important for distinguishing between the insult on the one hand and (a statement of fact requiring) libel or slander on the other side.
True and untrue facts
Legal usage differentiates between true and untrue factual assertions , which are legally prohibited in a graduated manner in order to protect personal rights : Untrue statements with defamatory character are generally prohibited and can be prosecuted as defamation or defamation ; "Proven" true facts may in principle be disseminated, but may be restricted in order to protect personality. The distinctions necessary for this are made, among other things, according to whether it is an "event of contemporary historical importance" or whether the private sphere or the generally comprehensively protected intimate sphere is being encroached upon.
Differentiation from the evaluation
The demarcation between valuation and factual assertion can cause difficulties with ambiguous statements such as “The A is a thief”. This can be the assertion that A has committed a specific theft (fact) or a general evaluation of A as having a criminal disposition (evaluation).
A mixture of evaluation and factual assertion often occurs in journalistic test reports. For example, in a restaurant review, the statement that the coffee was cold cannot easily be classified as a factual assertion because the statement is based on certain normative expectations with regard to the appropriate or just tolerable temperature of a hot beverage. A corresponding statement, however, contains a factual core that is accessible to evidence, at least in unambiguous cases.
Normative elements of the offense can, in addition to characteristics that have a legal relationship with the object (such as foreign property), also express a negative value judgment, such as the murder characteristics "cruel" or "insidious". In these terms, the value judgment is closely interwoven with an assertion of fact. In modern philosophy, such features are called dense ethical terms .
Propaganda technology
Simply presenting ideas and opinions as facts without making a qualification or explanation and making any doubt about them seem nonsensical is an effective propaganda technique . The cause of the effectiveness is seen in the fact that people are in principle in good faith. In addition, the main effect of the propaganda was already achieved when the message was received as such. This is easier to do with simple assertions than with complicated representations. "Assertions are a quick and easy way to get hold of people's minds." As an example Magedah Shabo quotes the Nazi slogan "Europe's victory, your prosperity".
Individual evidence
- ↑ Duden | Assertion of fact | Spelling, meaning, definition. Retrieved April 18, 2019 .
- ↑ DWDS - Digital Dictionary of the German Language. Retrieved April 18, 2019 .
- ^ Fechner: media law. 11th edition. Mohr Siebeck, Tübingen 2010, ISBN 978-3-8252-2154-6 , p. 76.
- ↑ Ingeborguppe: “Criminal Law Dogmatic Analyzes.” V&R unipress GmbH: Göttingen 2006, p. 296.
- ↑ Magedah Shabo: Techniques of Propaganda and Persuasion . Prestwick House Inc, 2008, ISBN 978-1-58049-874-6 ( com.ph [accessed April 18, 2019]).
