Legal Speech and Implicit Content in the Law

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument is based upon two points: (1) Precedent‐setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and (2) if a particular precedent‐setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent‐setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture.     

How to Advance Social Rights without Jeopardising the Human Rights Act 1998

When the 1948 Universal Declaration of Human Rights (UDHR) was drafted, governments grasped that human rights are needed as safeguards, not only against authoritarianism but also against the causes of authoritarianism. For this reason, the UDHR encompasses civil, political, economic, social and cultural rights. This holistic vision of human rights was obscured during the Cold War and more recently by economic neo‐liberalism. The UK government neglects social rights, which have a very low public profile, although there is evidence that the profile of these human rights is increasing. UK domestic law and practice is inconsistent with the holistic vision of human rights and the government's binding international social rights obligations. The UN Special Rapporteur on extreme poverty and human rights recommends that the UK provides for ‘the legislative recognition of social rights’ which can be approached in various ways. One way is to proceed social right by social right (for example, the rights to housing, health and education), and sector by sector (for example, the sectors of housing, health and education). This administrative law approach advances explicit social rights without implicating or jeopardising the Human Rights Act 1998.