Taking Language Seriously: An Analysis of Linguistic Reasoning and Its Implications in EU Law

This article discusses legal reasoning at the European Court of Justice (ECJ). The following questions are addressed. First, the authors look at the way linguistic arguments are used in ECJ case‐law. Second, they consider whether the requirements of legal certainty, and more specifically that of predictability, may be fulfilled by reference to linguistic arguments in a multilingual legal system. The theoretical starting‐point is that of open‐endedness of language: no means exists to definitely pin down the meaning of words. Defining the meaning of words in a legal context is necessarily a matter of choice involving evaluative considerations. Consequently, when the ECJ uses linguistic arguments to justify a decision, it is an active agent choosing the meaning of words in a specific case. Essentially, the authors argue that legal reasoning based on linguistic arguments is particularly problematic from the viewpoint of legal certainty and predictability. In this respect, the key importance of systemic and teleological argumentation is emphasised in assuring convincing, acceptable and transparent legal reasoning especially in the context of multilingual EU law.     

Anti-Minotaur: The Myth of a Sociological Morality

Recently Philip Gorski has argued that sociology can help us answer moral questions such as how to live and how to organize societies. Gorski rejects “value-free sociology” and the distinction between factual statements and value judgments, but actually factual statements and value judgments are distinct and sociology can be value-free.  The practice of value-free sociology is ethically imperative, even, if we are to be honest with our audiences and if we are to fulfill our vocation as sociologists.     

'Not Proficient in Table-Thumping': Sir Ernest Satow at Peking, 1900-1906

The deployment and control of nuclear weapons in Europe was a major aspect of Cold War diplomacy. The Multilateral Force (MLF) is a prime example. First proposed in 1960, the MLF attempted to reconcile European demands for collective alliance control within the broader framework of US nonproliferation policy. The MLF was opposed by both Britain and France, who feared the proposal would lead to a nuclear armed West Germany. To counter the MLF, the Wilson government advanced an alternate scheme ‐ the Atlantic Nuclear Force (ANF). This article examines British objectives in advancing the ANF. It contends that the ANF was not a cynical attempt to frustrate the MLF, as suggested by previous commentators, but embodied a serious attempt by the Labour government to implement a nonproliferation regime.     

The changing roles of local government in education

This article explores the ongoing debate about the changing roles of local government in education in Britain. It focuses on research evidence from Scotland, especially issues associated with devolving management to schools and reorganising local government. These findings are compared with the debate and evidence about the changing role of local government in education in England and Wales during the past decade. It is suggested that while there has been substantial reform of education and local government throughout Britain, the policies have differed in nature and outcomes north and south of the border.