Some Problems of Legal Language

Abstract. The author moves from the consideration of law as a set of rules serving as a means of socially regulating human conduct. He focuses on the fact that in order to fulfil its function, the law must be seen as a type of information. In this perspective law is a particular language and therefore gives rise to linguistic problems, linked to the technical character of juristic discourse. The author deals with some of the linguistic and sociological aspects of legal language and attempts to pinpoint some trends of interlingual development.     

The visibility of agricultural subsidies and market illusions in the Common Agricultural Policy: Some evidence from farmers' views in Germany, Portugal and the United Kingdom

Abstract.   This article demonstrates that the design and nature of agricultural support schemes has an influence on farmers' perception of their level of dependence on agricultural support. While direct aid payments inform farmers about the extent to which they are subsidised, indirect support mechanisms veil the level of subsidisation, and therefore they are not fully aware of the extent to which they are supported. To test this hypothesis, we applied data from a survey of 4,500 farmers in three countries: the United Kingdom, Germany and Portugal. It is demonstrated that indirect support, such as that provided through artificially high consumer prices, gives an illusion of free and competitive markets among farmers. This 'visibility' hypothesis is evaluated against an alternative hypothesis that assumes farmers have complete, or at least a fairly comprehensive level of, information on agricultural support schemes. Our findings show that this alternative hypothesis can be ruled out.     

REASSESSING NONLINEARITY IN THE URBAN DISADVANTAGE/VIOLENT CRIME RELATIONSHIP: AN EXAMPLE OF METHODOLOGICAL BIAS FROM LOG TRANSFORMATION*

Sociologists and criminologists have become increasingly concerned with nonlinear relationships and interaction effects. For example, some recent studies suggest that the positive relationship between neighborhood disadvantage and violent crime is nonlinear with an accelerating slope, whereas other research indicates a nonlinear decelerating slope. The present paper considers the possibility that this inconsistency in findings is partially caused by lack of attention to an important methodological concern. Specifically, we argue that researchers have not been sensitive to the ways in which logarithmic transformation of the dependent variable can bias tests for nonlinearity and statistical interaction. We illustrate this point using demographic and violent crime data for urban neighborhoods, and we propose an alternative procedure to log transformation that involves the use of weighted least‐squares regression, heteroscedasticity consistent standard errors, and diagnostics for influential observations.     

FROM PROVIDING TO ENABLING: LOCAL AUTHORITIES AND THE MIXED ECONOMY OF SOCIAL CARE

Government policy seeks to introduce competition into the supply of social care through the separation of purchasing and providing responsibilities. A study of 24 local authority social service departments has explored the initial steps taken to prepare for the new enabling role, including the creation of a mixed economy of care. Very few were seeking to create a market in social care. Most argued that the inherent nature of social care rendered the introduction of service specifications and price mechanisms neither approriate nor feasible. Many authorities interpreted the enabling role in ways significantly different from that of the government. The study raises questions about the extent of local discretion in a context where the range of values and interests of implementing agencies may differ from those of the centre.